Intoxication

Question 1

Type of defence

Answer 1

Mental capacity defence

Question 2

Voluntary means

Answer 2

Opted into the state

Question 3

Involuntary

Answer 3

D Didn’t choose the state

Question 4

Voluntary specific intent crime

Answer 4

Yes- drunk intention is still intention, Dutch courage in AG v Ghallegar
No- no MR-> not guilty, DPP v Beard

Question 5

Voluntary basic intent crime

Answer 5

Did d realise the risk and got intoxicated anyway
Yes- d is reckless to committing the crime, DPP v Masjewk
No- not reckless, R v Harris mental disorder caused by intoxication

Question 6

Involuntary, despite then being in that state was it something they turkey intended to do

Answer 6

Yes- guilty, even if resistance was there, R v Kingston pedophellic urges
No- no intent= not guilty

Question 7

Intoxicated mistake- relates to the MR

Answer 7

R v Lipman- reckless into taking LSD and committing murder even though he didn’t intend to kill his girlfriend

Question 8

Intoxicated mistake- relates to some other aspect

Answer 8

R v O’Grady- d hit him over the head with an ash tray went to sleep and woke to find him dead. Convinced of MA
R v Hatton- found dead with a sledge hammer