intoxication

Question 1

intoxication

Answer 1

includes alcohol, drugs and substances
relevant in that it can effect the mens rea and therefore liability

Question 2

intoxication
2 part test

Answer 2

Was the D intoxicated voluntarily or involuntarily?
Was the offence a specific intent or basic intent offence?

Question 3

voluntary intoxication
specific intent crimes

Answer 3

where the d has chosen to take drinks/drugs
can also occur where the D knows that the effect of a prescribed drug will make him intoxicated
voluntary intoxication can negate the mens rea for a specific intent offence
if he is intoxicated he cannot form the mens rea so there is no liability

Question 4

sheehan and moore 1975

Answer 4

d was drunk and threw petrol on a tramp and set him alight
too drunk to form any intent to kill or cause GBH
guilty of manslaughter

Question 5

where the d has the necessary mens rea …

Answer 5

then he is still guilty of the offence
drunken intent is still intent

Question 6

Gallagher 1963

Answer 6

d decided to kill his wife
brought knife and bottle of whiskey
drank whiskey before killing his wife
conviction for murder upheld as he already had the intent

Question 7

voluntary intoxication
basic intent crimes

Answer 7

not a defence for basic intent crimes
voluntarily becoming intoxicated is reckless in itself and this is enough to constitute the mens rea

Question 8

Majewski 1976

Answer 8

had taken drinks and drugs and then attacked people in a pub
police tried to arrest and he attacked them
convicted of 3 accounts of s47, upheld in CA

Question 9

Richard and Irwin 1999

Answer 9

D were uni students, drunk 5 pints
started horseplaying and others dropped one of them off the balcony
V suffered serious injuries

Question 10

If the D wouldn’t have realised the risk …

Answer 10

… even if they were sober then the jury should find them not guilty
being intoxicated should not automatically make them guilty

Question 11

involuntary intoxication

Answer 11

where the D didn’t know he was taking an intoxicating substance
prescribed drugs that have an unexpected effect of making the d intoxicated

Question 12

Kingston 1994

Answer 12

D’s coffee drugged by someone
then was shown a 15 year old boy and was invited to abuse him
D did and was photographed by a blackmailer
convicted of ABH, upheld by H of L
held that D had the mens rea anyway and therefore it wasn’t a defence