Intoxication Flashcards
Partial or full
Full defence
Dutch courage
Drinking to get courage to commit crime - no defence
As men’s Rea is formed sober and actus is performed later - contemporality rule
What is voluntary intox a defence to
Specific intent crimes only - majewski
Is voluntary intox a defence to basic intent crimes
No - majewksi
Reckless in drinking
Case that’s shoes intoxication is reckless
R V lipman
Can that’s shows offence can be reduced
DPP V beard
If d voluntarily intoxicates the specific intent crime will be reduced to basic intent crime to secure conviction
EG: 18 - 20
Is drunk intent still intent
Yes
R V Kingston
Involuntary intox but would have committed crime anyway so still had men’s Rea
R V Sheehan and moor
Murder down to manslaughter as D did not have specific intent men’s Rea
Adverse reaction
R V hardie
Involuntary intox
What is involuntary intox a defence to
Both specific and basic as long as men’s Rea wasn’t formed before hand
R V Kingston
What must intoxication be
R V lipman
Intoxication must be extreme