Intoxication Flashcards
1
Q
When can involuntary intoxication be used as a defence? + case for involuntary intoxication
A
Any offence, complete acquittal
2
Q
When can voluntary intoxication be used as a defence? + case for voluntary intoxication
A
Specific intent, so s.18 GBH and murder only (R v Allen) (Lipman). Otherwise, it makes no difference as the defence just reduces specific intent to basic intent
3
Q
Dutch courage definition + case
A
Drinking with intent to commit a crime (Gallagher). Cannot invoke defenses as mens rea was formed before becoming intoxicated.
4
Q
Leading case for intoxication
A
DPP v Majewski
