intoxication Flashcards
What three factors are considered in relation to intoxication?
- Did D get voluntarily or involuntarily intoxicated
- Did D commit a basic or specific intent crime
- Did D know what they were doing
What occurs when there is voluntary intoxication with a specific intent crime?
May negate the MR for a specific intent offence
where is the burden of proof
prosecution
what are the two ways someone can be intoxicated?
voluntarily and involuntarily
what case defined crimes as either basic or specific intent?
Majewski
what is the definition for basic intent crimes?
when recklessness will surfice to establish the MR
what is the definition for specific intent crimes?
when the crime was only committed with intention
why would someone who becomes voluntarily intoxicated and commits a basic intent crime have the defence FAIL?
because becoming intoxicated is a reckless act
what case says that voluntary intoxication is never a defence to basic intent crimes and why?
majewski
because the D has the MR as they are reckless in becoming intoxicated
what is the case for committing a specific intent crime while voluntarily intoxicated and why did this fail?
Gallagher because the D had the MR before they are intoxicated
must have no MR to succeed
If the D is involuntarily intoxicated, the will only have the defence if….
they did not understand their actions
what is the case for if D commits a crime while involuntarily intoxicated and has to prove no MR
kingston
drunken intent is still intent
what case defines voluntary intoxication? (before intent)
Allen
What case defines involuntary intoxication? (before intent)
hardie
what are some examples of basic intent crimes?
UAM
GNM
s.20 GBH
battery
assault
assault occasioning ABH s.47
