intoxication Flashcards
what is intoxication
failure to perform mens rea due to drink or druges, not a true defence
what are the two types of intoxiction
voluntary and involuntary
main case for intoxication
r v kingston
r v kingston
intoxicated intent is still intention, intoxication not a defence as had mens reea, laced a drink and insulted a boy while drunk
what is voluntary intoxication for
specific intent crimes
dpp v majewksi
drunk and attacked police officer, held intoxication is defence of specific intent didnt form mr but had offences
r v lipman
taken LSD with gf, killed her , chose to take drugs, no defence as only defence to murder not manslaughter
what is involuntary intoxication for
basic intent crimes
r v mcghee
catastrophic tinnitus, drank heavily and took meds, knew dangers of taking both , wounded and defence was rejected
3 situatios for involuntary intoxication
1- prescribed drugs
2- sophoric drugs
3- laced drinks (spiking)
r v hardie
took gf valuim, involuntary as did noyt know side affects
r v allen
not involuntary when unaware of high alcohol content
whats dutch courage
where an indovidual gets intoxicated to gain the courage to do something
is dutch courage a defence
no its not a defence
attonry general of north ireland v gallager
drank wiskey and grabbed a knife to kill wife, coudnr form the mens rea, no defence