Intoxication Flashcards

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1
Q

What is intoxication?

A

The defendant must be so intoxicated that he/she could not form the mens rea for the offence

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2
Q

What is guilt based on in intoxication?

A
  • Whether the intoxication is voluntary or involuntary
  • Basic or specific intent
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3
Q

What is voluntary intoxication?

A

Defendant chose to take the substance or the defendant ought to have knew the effect before they took the substance.
It is a defence for basic intent as it is reckless

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4
Q

What was held in R v Sheehan and Moore?
(Intoxication)

A

The test is whether because the defendant was so intoxicated they could not form the intent.

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5
Q

What was held in R v Lipman?
(Intoxication)

A

The defendant was incapable of forming the required mens rea for murder but was convicted of manslaughter due to having basic intent

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6
Q

What was held in Attorney General for Northern Ireland v Gallagher?
(Intoxication)

A

The defendant drank whiskey for the courage to kill his wife.
Because the mens rea was formed before he became intoxicated, intoxication couldn’t be used

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7
Q

What was held in DPP v Majewski?
(Intoxication)

A

The defendant’s voluntary intoxication was reckless and reckless conduct formed the mens rea of his offence

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8
Q

What is involuntary intoxication?

A

The defendant did not know that they were taking the substance or D couldn’t have known the side effects

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9
Q

What was held in R v Kingston?
(Intoxication)

A

D will be guilty if, even when intoxicated, they still formed the mens rea of the offence

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10
Q

What is an intoxicated mistake?

A

The defendant is mistaken by a key fact due to their intoxication

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11
Q

Why is recklessness ambiguous in intoxication?

A

Recklessness in becoming intoxicated means the defendant knew there was a risk of them doing something ‘stupid’, not that they are at risk of doing something unlawful

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12
Q

What was held in R v Allen?

A

When a substance is consumed voluntarily, ignorance to its strength or effect doesn’t make it involuntary

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13
Q
A
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