Intoxication Flashcards
R v Kingston
Intoxicated intent still intent
No defence if still have mr
DPP v majewski
Intoxication only a defence for crimes of specific intent
R v Lipman
Intoxication defence to murder not manslaughter (specific v basic intent)
Confirms majewski
R v McGhee
Not involuntary intoxication as knew the risk of alcohol + medication together
Situations where defendant will be treated as involuntarily intoxicated
- Prescribed drugs
- Soporific drugs - make sleepy or relaxed
- Laced drinks
R v Hardie
Did not anticipate any effects
Took gf prescribed drugs - told it would do him ‘no harm’
R v Allen
Not knowing strength of alcohol does not make it involuntary
Dutch courage
Drink alcohol in order to commit crime
Confidence + defence
Attorney-general for northern-Ireland v Gallagher
Already had knife ready
No defence
r v ogrady
could not rely on self defence due to voluntary intoxication as manslaughter basic intent
r v hatton
confirmed r v ogrady