Intoxication

Question 1

What type of offence is voluntary intoxication not available for?

Answer 1

Basic intent offences - manslaughter, s20, s47, assault, battery, criminal damage (reckless course of action)

Can be used for murder, theft as they are specific intent

Question 2

Case to show drunken intent is still intent for vol intox

Answer 2

Sheehan and Moore - is D capable of forming mens rea for specific intent? If not may be guilty of a lesser crime

Question 3

Case to show D could be guilty of a lesser offence

Answer 3

Lipman - did not have the intent to kill so guilty of manslaughter

Question 4

Case to show D can be guilty if they had the MR before becoming so intoxicated they could not form MR

Answer 4

Gallagher - Dutch courage. MR before drunk is enough, no coincidence needed.

Question 5

Voluntary intoxication and basic intent offences

Answer 5

Majewski - reckless course of conduct, enough for mr

Question 6

Rules for involuntary intoxication

Answer 6

For situations of lacing / spiking / unexpected side effects
Can argue they did not form the mens rea whether specific or basic
However if it can be proved they formed the me even if they wouldn’t have done it sober, can still be guilty
Kingston - can’t use defence where mr was formed before intoxication

Question 7

Voluntary intoxicated mistake

Answer 7

O’Grady and Hatton - a mistake about force needed in self defence cannot be relied upon if caused by vol intox
Confirmed by Criminal Justice Act 2008

Question 8

Exception for rule on vol intox mistake

Answer 8

Jaggard v Dickinson - criminal damage as she genuinely believed she would be allowed (similar with theft)