Intoxication Flashcards
1
Q
D must be lacking a mens Rea
A
D is arguing no men’s Rea bc he was intoxicated. KINGSTON couldn’t use this bc he’d been spiked.
-Decide if the intoxication is VOL or INVOL
-Explain what basic (Intentionally or recklessly) and specific (intentionally) crimes are
-State what one the offence is.
2
Q
Voluntary Intoxication
A
MAJEWSKI RULES:
-Specific intent crimes may be reduced to a basic intent crime - OGRADY
-Basic intent crimes no defence as reckless by being intoxicated - FORHERINGHAM
3
Q
Involuntary intoxication
A
- Drink spiked - KINGSTON
- Soporific drugs - HARDIE
- Prescription drugs - BAILEY
No defence if alcohol is stronger than you realised - ALLEN
No defence if they knew how they were going to react.
4
Q
If the intox is involuntary then D could also have the defence of….
A
Non insane automatism. So you must do BOTH.
