Intoxication

Question 1

Involuntary intox stage 1

Answer 1

Was the intoxication involuntary ?
Spiked, unaware of product, medical
(R v Hardie) drug had opposite if intended effect✔️
(R v Allen) did not know the strength of alcohol ❌️

Question 2

Involuntary intox stage 2

Answer 2

Defendant must not have had men’s rea present no prior intent or drunken intent
(R v Kingston) drunken intent - prior views ❌️
Would have done the same sober no liquid courage

Question 3

Voulanyary intox stage 1

Answer 3

Was the intoxication voulantary
(R v Allen)

Question 4

Voulantary intox stage 2

Answer 4

Complete defence to all specific intent crimes
(R v Lipman) cna be cleared of murder s.18 theft robbery burglary
Basic intent is no defence
(DPP v Majewski) basic intent crime is one with recklessness
(R v Heard) policy delicious found basic intent even where no recklessness

Question 5

Voulantary intox stage 3

Answer 5

The d must not have the mens rea
(R v Parker) prior harm to the victim menas no defence
(AG for NI v Gallagher) no defence for Dutch courage