Intoxication

Question 1

Define Voluntary Intoxication

Answer 1

D voluntarily consumes Alcohol or drugs commonly known to make people aggressive or out of control - [Majewski]

Question 2

Define Involuntary Intoxication

Answer 2

when someone becomes intoxicated without their knowledge or consent

Question 3

Define Specific Intent Crimes

Answer 3

Where Mens Rea is intention Only (Murder, theft, s18 GBH)

Question 4

Define Basic Intent Crimes

Answer 4

Where Mens Rea includes intention and recklessness (s18 GBH, s47 ABH…)

Question 5

Steps to establish Intoxication as a defence

Answer 5

1) Voluntary or Involuntary
2) How intoxicated? - Can D form MR?
3) If offence specific or basic intent?

Question 6

Explain involuntary Intoxication

Answer 6

Defence to specific and Basic Intent crimes IF D HAS NO MR
- R v Hardie
- R v Kingston

Question 7

Explain Voluntary intoxication for Specific intent Crimes

Answer 7

If no MR, not guilty (or lesser conviction)
- R v Lipman

If yes MR, Guilty
- R v Gallagher

Question 8

Explain Voluntary intoxication for Basic intent Crimes

Answer 8

Guilty.
Intoxication is reckless, which is sufficient for MR
- DPP v Majewski

Question 9

Explain Dutch Courage

Answer 9

D voluntarily intoxicates himself to commit crime
Defence not available

• R v Gallagher

Question 10

How are Intoxicated mistake considered?

Answer 10

• Defences for Specific Intent, where no MR
• Not defence for Basic Intent
• Not defence for Specific/Basic Intent where mistake relates to other aspects (force needed etc)
• R v O’Grady
• R v Hatton