Intoxication Flashcards
Specific Intent - Voluntary
DPP v Beard - It is allowed if it means no intention was able to be informed while intoxicated
Gallagher - Not allowed if intention formed before intoxication
Coley - Not allowed if intent formed during intoxication
Specific Intent - Involuntary
Kingston - Not allowed if drunken intent is still present
Hardie - Allowed if no intention has been formed
Basic Intent - Voluntary
Majewski - Not allowed as recklessness of getting drunk satisfies mens rea
Richardson and Irwin - court should ask if D would foresee risk sober
Harris - unless past intoxication leads to dependency or long-term impacts
Basic Intent - Involuntary
Hardie - Allowed as no reckless behaviour present
Specific Intent
GBH/wounding s.18, murder, theft, robbery, burglary (s.9(1)(a)), attempted offences
Basic Intent
Assault, battery, ABH, GBH/Wounding s.20, unlawful act manslaughter, gross negligence manslaughter