Intoxication Flashcards
Reason for the defence
If D is successful it negates D’s MR as D unable to form necessary MR for the crime.
Who’s the burden of proof on?
Prosecution
What do the prosecution have to prove?
Prove beyond reasonable doubt that D was not so intoxicated that he could not form MR.
Voluntary intoxication
D choses to take alcohol and drugs and knows the extent of the effect.
When is voluntary intoxication a defence?
When it’s a specifc intent crime
Examples of basic intent crimes
Assault
ABH
Manslaughter
Why is voluntary intoxication no defence to a criminal offence?
Voluntarily becoming intoxicated is reckless within its self.
Majewski
Laid down Voluntarily becoming intoxicated is reckless within its self.
When is voluntary intoxication a full defence?
Crime is specific intent
No MR
No fall back offence
When is voluntary intoxication a partial defence?
Crime is specific intent
No MR
A fall back offence
Lipman
UAM was basic intent crime couldnt use defence.
Fall back offence
Most specific intent offences have a similar crime for which basic intent suffices.
Examples of fall back offences
Murder to manslaughter
S18 GBH to S20 GBH
General distinction between specific and basic intent crimes
If offence has recklessness in it its basic intent. If it cannot be committed recklessly it is specific intent.
Specific intent crime examples
Murder
Theft
S18 GBH
Gallagher
Only a defence if no MR has been formed.
Involuntary intoxication
D did not know he was taking an intoxicating substance.
Involuntary drugs examples
Prescribed drugs with side effects
Laced drugs
Soporific drugs
Is involuntary intoxication a defence?
Only if D did not form any neccesary MR beforehand.
Kingston
He formed the MR so no defence.
Hardie
If drug taken has an unexpected effect and D did not take recklessly then intoxication seen as involuntary and is a defence.
Allen
Intoxicated mistake so no defence.
O’grady
self defence
