Intoxication

Question 1

What are the 4 different types of intoxication

Answer 1

1. Voluntary intoxication + specific intent offences
2. Voluntary intoxication + basic intent offences
3. Involuntary intoxication + specific/basic
4. Intoxication by mistake

Question 2

1. DPP v Beard
   Bratty
   Sheehan v Moore
   Gallagher

Answer 2

• if the D is so intoxicated they cannot form the MR, not guilty
• fallback principle, prosecution will ‘fallback’ to a basic intent crime as they would have been reckless to get drunk
• example of fallback principle
• drunken intent is still intent (dutch courage)

Question 3

2. Majewski
   Richardson v Irvin

Answer 3

• defence not available as D is reckless becoming drunk
• jury should considered whether the D would have realised the risk of injury if they had not been drinking

Question 4

3.
Kingston
Hardie

Answer 4

-did the D have the necessary MR when he committed the offence?
- defence available if the drug/drink had the opposite effect

Question 5

4. is it available for basic and specific intent offences?
   Lipman
   Jaggard v Dickinson

Answer 5

• available for specific but not basic
• reckless in being intoxicated
• defence available if the D makes a mistake about the facts due to their intoxication for a specific intent crimes