intoxication

Question 1

what is a voluntary intoxication?

Answer 1

they are aware they have been consuming an intoxicated substance

Question 2

what is an involuntary offence?

Answer 2

when the defendant is unaware they have taken the substance(Kingston)

Question 3

what is a basic intent crime and how does it work in an intoxication defence?

Answer 3

it is when their is a intention or a recklessness to the crime, it will always fail in the crime is a voluntary intoxication as drinking the substance is already reckless(majewski)

Question 4

what is a specific intent crime and how does it work in an intoxication defence?

Answer 4

when their is only intention to the crime will work for both involuntary and voluntary intoxication(Lipman)

Question 5

what is dutch courage?

Answer 5

when the defendant gets deliberately drunk to gain courage or confidence to commit a crime (Gallagher)

Question 6

what does it mean for it to be a mistake and how does this link to intoxication?

Answer 6

it will not provide a defence for any basic intent crimes and will only work in involuntary if the mens rea isn’t formed (Lipman)

Question 7

what does self defence mean in intoxication

Answer 7

criminal justice and immigration act states that defendant won’t have a defence to basic and specific intent crimes (Hatton)

Question 8

what does the case Hatton add to the definition of self defence within intoxication?

Answer 8

a drunken mistake about the amount of force required in a self defence will not be a defence