Intoxication

Question 1

Definition

Answer 1

When someone takes drugs/ drinks and then claims they could not form the necessary MR for a crime and should not be held responsible. The law however is very strict with allowing this defence

Question 2

(R I Allen)

Answer 2

Voluntary intoxication is when a person takes drugs or drinks alcohol with their own free will

Question 3

(R v Coley)

Answer 3

Involuntary - when someone does not take the drink/ drugs knowingly such as if spiked or if legal drugs in accordance with the instruction and have a reaction. Must be proven D could not form the MR

Question 4

(DPP v Majewski)

Answer 4

Basic intent- nr of recklessness and intent. Court will not allow as drinking meets the criteria of recklessness

Question 5

(Sheehan and Moore)

Answer 5

Specific intent- if D can prove he could not form the MR

Question 6

Apply GBH

Answer 6

S20- basic
S18- specific

Question 7

(Kingston)

Answer 7

Intoxication mistake- not provide defence if basic intent

Question 8

(Lipman)

Answer 8

Intoxication mistake-provide defence if specific if they don’t form the MR before

Question 9

S76(5) criminal justice and immigration act 2008

Answer 9

States that D will never have a defence to a basic crime( R v O’Grady) or specific intent crime ( R v Hatton(