Intoxication Flashcards
What is voluntary intoxication?
Where the D has chosen to take an intoxicating substance or hen D knows that taking a prescribed drug will make him or her intoxicated
What can voluntary intoxication do to a specific intent offence? & case for this
It can negate the MR — D is so intoxicated he could not form the MR
Sheehan & Moore — too drunk to have formed the MR of murder, not guilty of murder, reduced to manslaughter
What if D forms the MR for the criminal offence before becoming voluntarily intoxicated?
He is guilty of the offence, drunk intent is still intent
AG. Ref Northern Ireland v Gallagher - decided to kill wife before becoming drunk, convicted of murder
What is voluntary intoxication not a defence for?
Basic intent offences
By becoming voluntarily intoxicated, D has been reckless, sufficient for the MR of basic intent offence before becoming
DPP v Majewski — convicted of s.47, as the MR included recklessness, D had been reckless to getting intoxicated in the first place
What is involuntary intoxication?
Covers situations where the D did not know she was taking an intoxicating substance, or D has taken a prescribed drug that has an unexpected effect of making the D intoxicated and they do not realise its effect
What happens if D has the MR of the offence despite being involuntarily intoxicated?
R v Kingston — House of Lords held that if the D had formed the mens rea for an offence before becoming inxociated, then involuntary intoxication could not be a defence
What if D has no MR at the time of the offence and is involuntarily intoxicated?
Hardie —He cannot be guilty of a specific intent offence or basic intent offence, he has not been reckless in becoming intoxicated
