Intoxication

Question 1

what was confirmed in R v Kingston

Answer 1

‘drunken intent is still intent’

Question 2

what is voluntary intoxication

Answer 2

the defendant of his own free will decides to take an intoxicating substance

Question 3

what is involuntary intoxication

Answer 3

the defendant doesn’t know they are taking alcohol or intoxicating drugs

Question 4

what is basic intent

Answer 4

crimes for which the mens rea includes recklessness (assault, battery, s.47, GNM)

Question 5

what is specific intent

Answer 5

crimes for which the mens rea is only intention (murder, s.18)

Question 6

what is the leading case on the rules on intoxication

Answer 6

DPP v Majewski - committed basic intent crimes

Question 7

case for defence may be available for a basic intent crime only if the defendant can show that they would not have realised the risk even if sober

Answer 7

R v Richardson and Irwin

Question 8

what intent is voluntary intoxication available for

Answer 8

crimes for specific intent

Question 9

for voluntary intoxication, why may the defence of intoxication be available

Answer 9

may have prevented the defendant from forming the necessary mens rea

Question 10

case for voluntary intoxication and not forming mens rea

Answer 10

R v Lipman

Question 11

what intent is involuntary intoxication available for

Answer 11

both basic and specific intent crimes, where no mens rea was formed

Question 12

case for taking a prescribed drug but it having an undesired effect

Answer 12

R v Hardie

Question 13

what was confirmed in R v Kingston about involuntary intoxication

Answer 13

effect of the involuntary intoxication was such that the defendant, as a result of the intoxicating substance, was unable to form the necessary mens rea for the offence