INTOXICATION

Question 1

what are the 2 types of intoxication?

Answer 1

Voluntary and involuntary.

Question 2

what is voluntary intoxication?

Answer 2

Their own choice.

Question 3

what is involuntary intoxication?

Answer 3

Not their choice.
(e.g. being spiked or unexpected side effects of medicine).

Question 4

what is a specific intent crime?

Answer 4

Crimes which can only be committed intentionally.
•Murder
•Unlawful Act M/S
•s.18 GBH
•Theft
•Robbery

Question 5

what is a basic intent crime?

Answer 5

Crimes which can be committed intentionally or recklessly.
•Assault
•Battery
•s.47 ABH
•s.20 GBH

Question 6

what are the key cases for voluntary intoxication?

Answer 6

MAJEWSKI - Drew a distinction between specific/basic intent crimes.
RICHARDSON & IRWIN - Defence may be available as long as the D would not see the risk even if they were sober.

Question 7

what is the difference between specific and basic intent crimes under voluntary intoxication?

Answer 7

Specific: Defence available if the D was ‘so intoxicated that they could not form the mens rea’ (intention).

Basic: Defence not available as the fact the D got voluntarily intoxicated is evidence enough of being reckless.

Question 8

what is the side rule for voluntary intoxication?

Answer 8

GALLAGHER - Dutch Courage -
• Where a D gets intoxicated in order to gain confidence to commit a crime. Defence is not available as the D formed the mens rea before they became intoxicated.

Question 9

what is the key case for involuntary intoxication?

Answer 9

KINGSTON - The defence is available for both specific and basic intent crimes as long as the D is so intoxicated they could not form the mens rea of the offence. “A drugged intent is still an intent”.

Question 10

what is the side rule for involuntary intoxication?

Answer 10

HARDIE - Unexpected side effects of prescription drugs-
Where a D takes a prescription drug, but the side effects are not what they would have expected.