INTOXICATION Flashcards
DEFINITION
D drinks/ takes drugs and then claims they cannot form the necessary men’s Rea for a crime and should not be responsible
TYPE OF INTOXICATION
Intoxication can either be voluntary or involuntary
VOLUNTARY
D takes drugs/ drinks of own free will
Defence will fail
D cannot rely on the fact that they did not know the substance they were taking was stronger than they thought (Allen)
INVOLUNTARY
D does not know they are taking drugs/ alcohol
Defence may succeed if it can be proven that D did not form necessary MR of crime due to effect of involuntary intoxication (Coley)
D’s drinks was spiked with alcohol without D’s knowledge or D takes drugs prescribed by the doctor in accordance with the instructions or D takes non-dangerous drug, although not prescribed to him, in a no -reckless way
TYPE OF CRIME: SPECIFIC/ BASIC INTENT CRIME
Basic or specific intent crime
BASIC INTENT CRIMES
Any crime which can include recklessness
No defence for basic intent crimes = defence will fail. Voluntary intoxication is considered reckless, recklessness not enough for this defence (Majewski)
SPECIFIC INTENT CRIME
only be defence for specific intent crimes where the courts believe that the D was so drunk, he was unable to form the necessary intention in which case they can convict of a lesser charge (Sheehan & Moore)
SI = anything from s18 GBH and above, also includes burglary and theft
EXCEPTIONS
Intoxicated mistake
Self- defence
INTOXICATED MISTAKE
An intoxicated mistake will not provide a defence to a crime of basic intent (Kingston)
It will only provide a defence to a specific intent crime if they don’t form the MR before (Lipman)
INTOXICATION AND SELF-DEFENCE
If drunken mistake is about self defence S76(5) Criminal Justice & Immigration Act 2008 = D will never have a defence to basic or specific intent crimes (O’Grady/ Hatton)
