Intoxication Flashcards
What are specific intention offences ?
Are those which are satisfied only through intention alone such as murder.
What are basic intent offences ?
Are those which are satisfied either intention/recklessness such as manslaughter.
What does voluntary intoxication and specific intent mean ?
If the D is so intoxicated that he could not have formed the MR for the offence he cannot be guilty but may be found guilty of manslaughter under basic intent. (DPP V Beard)
Additionally where the D drinks to obtain courage they may not rely on the defence where the D is charged with a specific intent offence it there is a basic intent alternative then this will be substituted instead.
What is an intoxicated state ?
The D must be so intoxicated that they are unable to form the Men’s Rea of the offence this can be through consumption of alcohol, drugs or other intoxicating substances as such as paint fumes/glue.
What does voluntary intoxication and basic intent mean ?
The D will not be able to rely on intoxication where they have committed a basic intent offence e.g assault this is because they are regarded as reckless for becoming intoxicated which satisfies the men’s rea. Where D is affected by a mental disorder due to previous intoxication. (R V Majewski)
What is involuntary intoxication ?
This may be where the D has been spiked/ where a prescribed drug has an unexpected consequence of intoxication. (R V Kingston)
What is an intoxicated mistake ?
Where the D is mistaken about a key then it follows the ordinary rule of intoxication if the mistake is about the force needed in self defence then intoxication will not be a defence. (R V Lipman)
