Intoxication Flashcards
What is the first part to voluntary intoxication?
D(name) may argue the defence of voluntary intoxication.
What does Majewski say?
Majewski - Distinction between specific and basic intent crimes.
Specific - Intention only.
Basic - Intention and recklessness.
What are the specific intent crimes?
Murder
S.18 GBH
Theft
Robbery
What are the basic intent crimes?
S.20 GBH
Assault
Battery
Unlawful Act Manslaughter
What do you write if it’s a specific intent crime?
The defence is available as the D was so intoxicated that they could not form the relevant men’s rea- Intention.
What do you write if it’s a basic intent crime?
The defence is not available if it’s a basic intent crime. The D voluntary got intoxicated is evidence of recklessness and therefore the crime is complete.
What does Richardson and Irwin say about basic intent crimes?
The defence may be available if the D was sober and didn’t see a risk.
What is the side rule for basic intent?
Dutch courage - D has to drink in order to get the confidence to commit the crime. Gallagher - the D had the men’s rea before the intoxication.
How would I start involuntary intoxication?
The D(name) may argue the defence of involuntary intoxication.
Majewski - distinction between basic and specific.
Specific - Intention only
Basic - Intention and recklessness
Apply.
What is Involuntary intoxication?
Involuntary intoxication is where the D has been spiked or has had unexpected side effects to prescription medication - Hardie.
What does Kingston say?
Kingston - Defence is available for basic and specific as the D was too intoxication to from the men’s rea as “a drugged intent is still intent”.
Apply
What is the side rule for involuntary intoxication?
Hardie - Unexpected side effects, Defence is only available if the side effects were unexpected.
