Intoxication Flashcards
If the defendant has the MR for an offence can intoxication be used as a defence?
No
What is the POL from R vs Kingston?
Intoxicated intent is still intent so he couldn’t use intoxication as a defence
What does voluntary intoxication do as a defence?
Reduces crimes of specific intent
Nothing for basic intent crimes
What is the POL from DPP vs Majewski?
Intoxication is only a defence to crimes of specific intent
What are examples of specific intent crimes?
Murder
S.18 GBH
Theft
What are examples of basic intent crimes?
Involuntary manslaughter
S.20 GBH
ABH
Assault
What is the POL from R vs Lipman?
Intoxication gave him a defence to murder (specific intent), but not to manslaughter (basic intent) upon his appeal
What does involuntary intoxication do as a defence?
Provides a complete defence to the crime - defendant is acquitted
What is the POL from R vs McGhee?
Judge rejected the argument as he said the defendant knew the risks of taking medication and alcohol together
What 3 situations are treated as involuntary?
- Prescribed drugs
- Soporific drugs (sleepy)
- Laced drinks (spiked)
What is the POL from R vs Hardie?
It was involuntary intoxication as the defendant was told the drugs would do no harm and did not appreciate the effect it would have on him
What is the POL from R vs Allen?
Not knowing the precise strength of alcohol did not make the intoxication involuntary
What is the ruling around dutch courage?
If the defendant gets intoxicated in order to acquire the courage to commit the crime then there will be no defence even to a crime of specific intent
What is the POL from Attorney-General for Northern Ireland vs Gallagher?
Defendant got drunk to get the courage to kill his wife, he was so drunk he couldn’t have formed the MR for murder but the House of Lords said in those circumstances intoxication would be no defence
What is the ruling around mistake and intoxication?
Specific = Defence under voluntary
Basic = No defence under voluntary
