Intoxication

Question 1

Define Voluntary Intoxication

Answer 1

D voluntarily consumes Alcohol or drugs commonly known to make people aggressive or out of control - [Majewski]

Question 2

Define Involuntary Intoxicaiton

Answer 2

when someone becomes intoxicated without their knowledge or consent

Question 3

Define Specific Intent Crimes

Answer 3

Where Mens Rea is intention Only (Murder, theft, s18 GBH)

Question 4

Define Basic Intent Crimes

Answer 4

Where Mens Rea includes intention and recklessness (s18 GBH, s47 ABH…)

Question 5

Define Dutch Courage

Answer 5

When D voluntarily intoxicates themselves to commit crime
- Defence not available
- Gallagher

Question 6

How to test for intoxication in scenario?

Answer 6

1) Was intoxication Voluntary or Involuntary?
2) How intoxicated is D - can they form MR?
3) Is the crime Specific or Basic Intent?

Question 7

R v Kingston

Answer 7

D Involuntarily intoxicated but still had MR for his crime. Found guilty of Paedophilia.

Question 8

R v Allen

Answer 8

Voluntarily drank wine that was stronger than he expected. Found guilty since the act of voluntarily intoxicating himself was a reckless behaviour for his basic intent crime.

Question 9

R v Hardie

Answer 9

Voluntarily consumed out of date Valium prescribed for his gf to calm himself. He committed Arson.
Found innocent since no MR since he wasnt reckless in consuming an aggravating drug.