Intoxication Flashcards
What is Voluntary intoxication?
When the D gets intoxicated within their own will
What is Involuntary intoxication?
When the D does not intend to get intoxicated or has no idea they are
What is basic intent?
offences where either intention or recklessness will satisfy mens rea
What is specific intent?
those where the offence requires proof of purpose or consequence those where the purpose goes beyond the actus reus
Case for intoxication
R v Kingston
R v Kingston facts
He had paedophilic thoughts when sober and his friend drugged him where he then went on to do the act with a 15 year old
R v Kingston point of law
Kingston was convicted of indecent assault. Kingston’s defence was that if he had not been drugged, he would not have acted the way he did. As there was some recklessness