intoxication Flashcards
what is intoxication
includes alchol, drugs(legal or not) or any other intoxicating substance
is intoxication a defecne
no but it can prevent D from formming the MR
what are the 2 things you must look at with intoxication
1 was the intoxication voulontary or invoulontary
2 is the offence a specific or basic intent crime
what is a specific intent crime
murder, s18, theft, robery, burglary
what is a basic intent crime
where recklessness is a sufficient MR
what is voulontary intoxication
where the D had chosen to take the intoxicatingsubstance or knows that the perscribed drug would make them intoxicated
if the D is voulontary intoxicated and commits a specific intent crime will therre be a defence
if the intoxications prevents the D from forming a MR then yes
if the defence is accepted for the defence of voulontary intoxication for a specifc intent crime what will the D be convicted of
+ case
a lesser offence
R v sheenan + moore
what is drunken intent and doese it work as a defence
if the d has formed the MR for the offence then they’re guilty
drunken intent is still intent
give a case for drunken intent
A-G for N.I. v Gallagher
if the defendant is voulontaraly intoxicated and commits a basic intent crime would it be a deffence
no , if D would have realised the risk had they been sober
becoming intoxicated is reckless of coundict
give a case for basic intent and voulontary intoxication
DPP v Majewski
what are they types of invoulontary intoxication
D didnt know that they were taking the substance
perscribed drugs have an unexpected effect
d has taken drugs that are said to have a sedative effect
D has consumed alchol/drugs under duress
give a case for perscribed drugs having an unexpected effect
Bailey
give a case for drugs said to have a sedative effect
Hardie
if the d has the MR for for invountary intoxication will there be a defence
+ case
no
R v Kingston
if the defendant dosent have the MR or recklessness of intoxication for a crime will they be guilty
No
what is intoxicated miistake
where D didnt have the MR
if the D makes a mistake on a spcific intent crime will they be guilty
no
if the D makes a mistake on a basic intent crime will they be guilty
yes
give cases for intoxicated mistake
R v Lipman
R v O’Grady
R v Hatton
if the D makes a mistake about using force in self defence due to intoxication will d have a deffence
no
will there be a defence of intoxicated mistake for post intoxication psychosis + case
no
R v Taj
