Intoxication Flashcards
What does intoxication cover?
Excessive drinking and various forms of drug taking
What are the two types of intoxication?
Voluntary and involuntary
Define voluntary intoxication
Where D has chosen to take an intoxicating substance
Define involuntary intoxication
When D can prove they were intoxicated against their wishes or without their knowledge
What is an example of involuntary intoxication?
When D’s drink was spiked
What are basic intent crimes?
Crimes for which subjective recklessness is sufficient for the mens rea
List examples of basic intent crimes
- Involuntary manslaughter
- s.20 GBH or Wounding
- s.47 ABH
- Assault & Battery
What are specific intent crimes?
Crimes that require specific intention for the mens rea
List examples of specific intent crimes
- Murder
- s.18 GBH or Wounding
What is the outcome of voluntary intoxication with basic intent crimes?
No defence because the act of becoming intoxicated satisfies the requirement for recklessness (DPP v Majewski)
What is the outcome of voluntary intoxication with specific intent crimes?
Defence allowed if D was so intoxicated that he/she could not form the mens rea for the offence (Lipman)
What is the outcome of involuntary intoxication with basic and specific intent crimes?
Defence allowed ONLY if D was so intoxicated that he/she was unable to form the mens rea - drugged intent is still intent (Kingston)
Fill in the blank: The rules on intoxication vary depending on whether it is _______ or _______.
voluntary; involuntary
Fill in the blank: Involuntary intoxication occurs when D can prove they were intoxicated _______ their wishes or without their knowledge.
against
