Intoxication Flashcards
What are the four types of intoxication?
1) Voluntary intoxication for specific intent offences.
2) Voluntary intoxication for basic intent offences.
3) Involuntary intoxication for specific and basic intent offences.
4) Intoxicated mistake.
1) Voluntary intoxication for specific intent offences: Definition?
Defendant has chosen to take an intoxicating substance and therefore, it is a partial defence.
1) Voluntary intoxication for specific intent offences: DPP v Beard?
When defendant is voluntarily intoxicated, D has a defence to a crime of specific intent providing that the intoxication prevents the D from developing the necessary Mens Rea.
1) Voluntary intoxication for specific intent offences: Gallagher?
A drunken intent is still intent.
For example drinking for Dutch Courage provides intent for a crime.
1) Voluntary intoxication for specific intent offences: Sheehan v Moore?
Further example of the fallback principle, murder to manslaughter.
1) Voluntary intoxication for specific intent offences: NI v Bratty?
Does not have the Mens Rea of intention for the specific intent offence, however, crime falls back to a lower basic intent offence.
Do have Mens Rea for recklessness as they chose to become intoxicated.
2) Voluntary intoxication for basic intent offences: DPP v Majewski?
Voluntary intoxication cannot form a defence for basic intent crimes.
The Defendant was reckless in becoming drunk and therefore had the Mens Rea which is recklessness in any basic intent crime.
3) Involuntary intoxication for basic and specific intent offences: Definition?
Involuntary intoxication is a defence to all crimes.
3) Involuntary intoxication for basic and specific intent offences: Pearson?
Specific crimes as no intention to commit crime due to intoxication (same as voluntary).
Basic crimes as no recklessness in getting intoxicated as not your fault.
3) Involuntary intoxication for basic and specific intent offences, mens rea when carrying out offense?
Kingston - If the defendant has the necessary Mens Rea when they carried out the offence, then they are guilty.
3) Involuntary intoxication for basic and specific intent offences: Seditative drugs?
Hardie - Sedative drugs are different from dangerous drugs.
Believed that Valium would calm him down but instead had opposite effect which neither the defendant or the public could have anticipated therefore, involuntary,
4) Intoxicated mistake: Definition?
If the D makes a mistake about the facts due to intoxication, he will have a defence to specific intent crimes but not basic ones.
4) Intoxicated mistake: Lipman?
The D was reckless in getting intoxicated, therefore he has the mens rea for basic intent crimes.
4) Intoxicated mistake: Jaggard v Dickinson?
D is allowed a defence of criminal damage as he believed that the owner would consent to the damage.
Exception to no defence of intoxicated defence for basic intent crimes.
