Intoxication

Question 1

1. Voluntary or involuntary intoxication

Answer 1

Voluntary - takes drinks/drugs at own free will
Involuntary- does not know he is taking them

Question 2

2. Involuntary intoxication - did it remove mr

Answer 2

Removed D’s intention and d was unable to form the mr of the offence, intoxication is a complete defence acquittal
Kingston - intoxicated intent is still intent
Allen - not realising the strength of the alcohol or drugs will not be classed as involuntary intoxication

Question 3

2. Voluntary intoxication - basic and specific intent crimes

Answer 3

Basic - assault, battery, S.47, S.20, involuntary manslaughter
Specific - S.18, murder

Question 4

2. Voluntary , basic and specific intent crimes

Answer 4

Basic - include subjective recklessness
Specific - intent only

Question 5

2. Voluntary intoxication - basic intent

Answer 5

General principle - voluntary intoxication is not a defence to crimes of basic intent
Majewski - voluntary intoxication in itself is reckless

Question 6

2. Voluntary intoxication - specific intent , did intoxication remove D’s MR

Answer 6

Voluntary intoxication can be raised as a defence to crimes of specific intent if intoxication must remove D’s mr
But may still be convicted of a corresponding lesser basic intent offence

Question 7

Voluntary intoxication cases

Answer 7

Lipman - voluntary intoxication can be a defence to murder but not manslaughter as manslaughter is basic intent
Can’t get drunk for ‘Dutch courage’