Intoxication Flashcards
what is intoxication?
a general defence which covers alcohol, drugs and other intoxicants
what are the two categories of intoxication?
voluntary and involuntary
what are the two types of voluntary intoxicated crimes?
specific intent and basic intent
what is a specific intent crime?
intention only
what case example can be used for ‘specific intent’ crime?
Lipman - D took LSD and believed his girlfriend was a snake so shoved sheets down her throat, killing her. Defence claimed.
what is a basic intent crime?
recklessness is part of the mens rea
what case example can be used for basic intent crimes?
Majewski - D committed various non fatal offences but was deemed reckless when he started drinking. No defence claimed.
what are the three types of involuntary intoxication?
- laced drinks
- prescribed drugs
- soporific drugs
what is the rule on ‘laced drinks’?
to get the defence, the drink must be a soft drink
what case example can be used for ‘laced drinks’?
Kingston - If you had intent before being spiked, no defence can be claimed.
what is rule on ‘prescribed drugs’?
to get the defence, there must be an unexplained side effect
what case example can be used for ‘prescribed drugs’?
Bailey - D had been a diabetic for 30 years and purposely went into a seizure state in order to beat up his ex’s new boyfriend. No defence as he knew what state he’d be in because he’d been a diabetic for so long.
what is the rule on ‘soporific drugs’?
to get the defence, the drugs must have the reverse effect
what case example can be used for ‘soporific drugs’?
Hardie - D took an out of date valium and set fire to his wife’s wardrobe. Defence claimed.
what are the three relevant issues?
- intoxicated mistakes
- dutch courage
- diminished responsibility
what does intoxicated mistake mean?
if D makes a mistake whilst intoxicated then there will be no defence
what case example can be used for ‘intoxicated mistakes’?
Jaggard v Dickinson - D went to stay at a friend’s house after a night out, broke into the wrong house. Couldn’t get defence so had to rely on Criminal Damage Act.
what case example can be used for ‘dutch courage’?
Gallagher - D bought a knife and a bottle of whiskey and killed his wife after drinking it. No defence.
what are the rules of diminished responsibility in regard to intoxication?
- just drunk - no defence
- drunk & an AMF/RMC - jury told to ignore the drink
- alcohol dependency - an example of an RMC so defence claimed
what is ‘dutch courage’?
where the accused has deliberately drank in order to provide the courage to commit an offence
what is the case example for ‘dutch courage’?
Gallagher - D bought a knife and a bottle of whisky and killed his wife after drinking it. No defence.
what are the 3 possibilities under diminished responsibility?
just drunk - not a defence of DR
drunk & an AMF/RMC - jury told to ignore the drink and focus on the AMF/RMC
alcohol dependency - an example of an RMC.
what are some positive AO3 points on intoxication?
Encourages people to drink responsibly.
basic intent - good for victims, bad for defendants
what are some negative AO3 points on intoxication?
laced drinks must be soft - not good for victims
specific intent - not good for victims
soporific drugs - not good for victims
common law - wide and complex, making it confusing
public policy makes it hard to gain a defence
