Intoxication Flashcards
What’s can intoxication be caused by?
Alcohol and/or drugs
When can intoxication not be a defence? (Case)
I the D has the MR for the crime then not a defence
R v Kingston - would not have committed offence if sober - attracted to young boys - an intoxicated intent is still an intent
What type of intent crime can intoxication be a defence to?
Specific intent crimes not basic intent
What case says intoxication can’t be a defence to a basic intent crimes?
R v Majewski - spent 24 hrs getting drunk smashed window attacked police
What are examples of specific intent crimes?
Murder, S18 OAPA 1861, Theft
Examples of basic intent crimes?
Involuntary manslaughter, S20 OAPA 1861, ABH, assault
R v Lipman?
Took LSD attacked/killed girlfriend
Defence to murder as specific intent not defence to manslaughter as basic intent
What type of crime is involuntary intoxication a defence to?
Any crime whether basic or specific intent provided D lacks MR
R v McGhee?
Took temazepam under prescription with alcohol
D should have known dangers of taking medication and alcohol so voluntarily intoxicated
What are the three circumstances that allow a person to be involuntarily intoxicated?
- Prescribed drugs
- Soporific drugs - sleep drugs
- Laced Drinks
R v Hardie?
Took Valium prescribed to girlfriend started fire. Involuntary as told drug would do him no harm so did not approach ate effect.
R v Allen?
Drank wine did not know high alcohol content
Need to know the strength of your alcohol
What is Dutch Courage
Dutch Courage - if defendant gets intoxicated to acquire courage to commit the criminal act no defence
What case relates to Dutch Courage?
Attorney General for Northern Ireland v Gallagher
Attorney General for Northern Ireland v Gallagher?
Drank bottle of whisky in order to kill wife
