intoxication Flashcards

1
Q

what is intoxication

A

failure to perform mens rea due to drink or druges, not a true defence

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2
Q

what are the two types of intoxiction

A

voluntary and involuntary

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3
Q

main case for intoxication

A

r v kingston

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4
Q

r v kingston

A

intoxicated intent is still intention, intoxication not a defence as had mens reea, laced a drink and insulted a boy while drunk

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5
Q

what is voluntary intoxication for

A

specific intent crimes

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6
Q

dpp v majewksi

A

drunk and attacked police officer, held intoxication is defence of specific intent didnt form mr but had offences

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7
Q

r v lipman

A

taken LSD with gf, killed her , chose to take drugs, no defence as only defence to murder not manslaughter

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8
Q

what is involuntary intoxication for

A

basic intent crimes

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9
Q

r v mcghee

A

catastrophic tinnitus, drank heavily and took meds, knew dangers of taking both , wounded and defence was rejected

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10
Q

3 situatios for involuntary intoxication

A

1- prescribed drugs
2- sophoric drugs
3- laced drinks (spiking)

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11
Q

r v hardie

A

took gf valuim, involuntary as did noyt know side affects

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12
Q

r v allen

A

not involuntary when unaware of high alcohol content

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13
Q

whats dutch courage

A

where an indovidual gets intoxicated to gain the courage to do something

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14
Q

is dutch courage a defence

A

no its not a defence

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15
Q

attonry general of north ireland v gallager

A

drank wiskey and grabbed a knife to kill wife, coudnr form the mens rea, no defence

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16
Q

what is the case for mistake in intoxication

A

r v ogrady

17
Q

r v ogray

A

killed friend drunk by mistake, no relying on self defence due to voluntary intoxication

18
Q
A