Intoxication Flashcards
Kingston 1994
Even when D’s mental state is significantly altered due to involuntary intoxication, they can still be found liable if they form the MR
Even when D’s mental state is significantly altered due to involuntary intoxication, they can still be found liable if they form the MR
Kingston 1994
Specific intent offence
Has intent only as the MR
Basic intent offence
Has recklessness as part of the MR
Hardie 1985
If a drug has an unexpected effect, this may be involuntary intoxication
If a drug has an unexpected effect, this may be involuntary intoxication
Hardie 1985
Allen 1988
If the effect is anticipated but D underestimates the strength, intoxication is still voluntary
If the effect is anticipated but D underestimates the strength, intoxication is still voluntary
Allen 1988
Use of the defence in specific intent offences
D is allowed to rely on the defence to show that they did not have the MR
A drunken intent is still intent
Moore 1975
Moore 1975
A drunken intent is still intent
Use of the defence in basic intent offences
Cannot rely on the defence to show that they did not have the MR
Gallagher 1963
Cannot use the defence if D forms MR and then drinks in order to enable them to carryout the crime
Cannot use the defence if D forms MR and then drinks in order to enable them to carry out the crime
Gallagher 1963
Drunken mistakes are no defence to crimes of basic intent
Fotheringham 1989
