Intoxication ^

Question 1

R V Dowds

Answer 1

intoxication CAN’T form a defence of diminished responsibility

Question 2

R V Dietschmann

Answer 2

intoxication CAN form a defence of diminished responsibility

Question 3

R V Kay

Answer 3

Can’t rely on abnormality of the minds if their intoxication is the cause of their impairment

Question 4

R V Wood

Answer 4

ADS (Alcohol Dependency Syndrome) could be class as an abnormality of mental functioning

Question 5

R V Tandy ?

Answer 5

Show that their actions were caused by their abnormality which was induced by alcholism

Question 6

R V Kingston

Answer 6

• regardless of the Involuntary Intoxication, the D can still form the Mens Rea
• so cant use as a defence

Question 7

Voluntary Intoxication

Answer 7

• Reckless
• never be used as a defence to basic intent
• can be used as a defence to specif intent if the D can’t form intention

Question 8

DPP V Majewski

Answer 8

Voluntary Intoxication CAN’T be used as a defence to specific intent offences as you are being reckless
- can be used as a defence if intention to offence can’t be formed

Question 9

Involuntary Intoxication

Answer 9

• Not Reckless
• can be a defence to both specific and basic intent offence

Question 10

R V Lipman

Answer 10

VIN can be used as a defence to specific intent if it can be proven that the defendant could not form intention/MR

Question 11

R V Sheehan & Moore

Answer 11

a drunken intent is stil an intent