Intoxication

Question 1

what is intoxication?

Answer 1

a general defence which covers alcohol, drugs and other intoxicants

Question 2

what are the two categories of intoxication?

Answer 2

voluntary and involuntary

Question 3

what are the two types of voluntary intoxicated crimes?

Answer 3

specific intent and basic intent

Question 4

what is a specific intent crime?

Answer 4

intention only

Question 5

what case example can be used for ‘specific intent’ crime?

Answer 5

Lipman - D took LSD and believed his girlfriend was a snake so shoved sheets down her throat, killing her. Defence claimed.

Question 6

what is a basic intent crime?

Answer 6

recklessness is part of the mens rea

Question 7

what case example can be used for basic intent crimes?

Answer 7

Majewski - D committed various non fatal offences but was deemed reckless when he started drinking. No defence claimed.

Question 8

what are the three types of involuntary intoxication?

Answer 8

1. laced drinks
2. prescribed drugs
3. soporific drugs

Question 9

what is the rule on ‘laced drinks’?

Answer 9

to get the defence, the drink must be a soft drink

Question 10

what case example can be used for ‘laced drinks’?

Answer 10

Kingston - If you had intent before being spiked, no defence can be claimed.

Question 11

what is rule on ‘prescribed drugs’?

Answer 11

to get the defence, there must be an unexplained side effect

Question 12

what case example can be used for ‘prescribed drugs’?

Answer 12

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.

Question 13

what is the rule on ‘soporific drugs’?

Answer 13

to get the defence, the drugs must have the reverse effect

Question 14

what case example can be used for ‘soporific drugs’?

Answer 14

Hardie - D took an out of date valium and set fire to his wife’s wardrobe. Defence claimed.

Question 15

what are the three relevant issues?

Answer 15

1. intoxicated mistakes
2. dutch courage
3. diminished responsibility

Question 16

what does intoxicated mistake mean?

Answer 16

if D makes a mistake whilst intoxicated then there will be no defence

Question 17

what case example can be used for ‘intoxicated mistakes’?

Answer 17

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.

Question 18

what case example can be used for ‘dutch courage’?

Answer 18

Gallagher - D bought a knife and a bottle of whiskey and killed his wife after drinking it. No defence.

Question 19

what are the rules of diminished responsibility in regard to intoxication?

Answer 19

1. just drunk - no defence
2. drunk & an AMF/RMC - jury told to ignore the drink
3. alcohol dependency - an example of an RMC so defence claimed

Question 20

what is ‘dutch courage’?

Answer 20

where the accused has deliberately drank in order to provide the courage to commit an offence

Question 21

what is the case example for ‘dutch courage’?

Answer 21

Gallagher - D bought a knife and a bottle of whisky and killed his wife after drinking it. No defence.

Question 22

what are the 3 possibilities under diminished responsibility?

Answer 22

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.

Question 23

what are some positive AO3 points on intoxication?

Answer 23

Encourages people to drink responsibly.
basic intent - good for victims, bad for defendants

Question 24

what are some negative AO3 points on intoxication?

Answer 24

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