Intoxication

Question 1

Define

Answer 1

(R v Dowds)
This is available as a defence where, as a result of alcohol and/or drugs, the D is incapable of forming the mens rea for the offence.

Question 2

Was D intoxicated?
(1/3)

Answer 2

This is as a result of alcohol and/or drugs.

Question 3

Was the intoxication voluntary or involuntary?

Answer 3

(R v Hardie) - if involuntary, the defence is available for all crimes.
(R v Kingston) - drunken intent is still intent.
(R v Allen) - voluntary if D underestimates the strength

Question 4

Was the crime specific or basic intent?

Answer 4

(R v Sheehan and Moore) - voluntary and involuntary intoxication both provide a defence to specific intent crimes

(R v Majewski) - not a defence for basic intent crimes

Question 5

4 specific intent crimes

Answer 5

Murder
s18
Theft
Robbery

Question 6

“Dutch courage”

Answer 6

If D drinks in order to gain courage to carry out the crime, they can not rely on the defence.