Intoxication Flashcards
What is the definition of Intoxication?
Intoxication can occur where alcohol, drugs or other substances are consumed, this is not a full defence.
When can voluntary intoxication occur?
When the D has chosen to take the substance or taken prescription drugs that are likely to have an intoxicating effect.
When can the D rely on Voluntary intoxication?
This is when they are unable to form the full MR for a specific intent offence because they are so intoxicated.
What is a specific intent crime?
crimes committed with a clear aim and purpose e.g. Murder.
What happened in the case of DPP v Beard?
The D was so drunk he was unable to form the intent so could not be committed for the crime unless intent was proven.
When can the D not use the defence of voluntary intoxication?
This is when the D has the necessary MR despite their intoxicated state.
Does the defence cover dutch courage?
No, as drunken intent is still intent?
What happened in the case of Gallagher?
The D knew alcohol would make him aggressive enough to kill his wife.
What happens if the D is guilty of a specific intent crime?
They will be given the sentence of a basic intent crime, a fall back offence, e.g murder -> manslaughter.
Can the D use the defence for voluntary intoxication with basic intent crimes?
No, as becoming voluntarily intoxicated is considered recklessness enough to constitute the MR.
What happened in the case of R v Majewski?
The crime was of a basic intent (attacking a police officer) therefore the defence could not be used.
What is the rule with D’s suffering from a mental disorder?
If D is suffering from a mental disorder because of previous intoxication then the defence can be used. R v Harris.
What is involuntary intoxication?
Where the D did not know they were taking an intoxicated substance e.g. drink being laced with alcohol or drugs.
When can the D not rely on the defence when they are involuntarily intoxicated?
Where they have the necessary MR - even if the D would not have committed the offence without the intoxication?
What happened in the case of Kingston?
Drugged intent is still intent, he had the necessary MR before being spiked and could not rely on the defence.
