Intoxication

Question 1

Allen

Answer 1

The intoxication must be completely voluntary. If D knows he is drinking alcohol but does not know its strength, this will be treated as voluntary intoxication

Question 2

Hardie (type of intoxication)

Answer 2

If D knows they are taking an intoxicating substance, but does not know the effect of the substance, this will still be involuntary

Question 3

Lipman

Answer 3

If the intoxication prevented D from really intending the crime, he will be not guilty of that crime as his mens rea is negated

Question 4

AG for Nothern Ireland v Gallagher

Answer 4

If D still intended the crime even though he was intoxicated, he will still be guilty as his mens rea is not negated

Question 5

DPP v Majewski

Answer 5

Choosing to get intoxicated makes D reckless so he will always be guilty of basic intent crimes

Question 6

Kingston

Answer 6

If the intoxication prevented D from really intending the crime, he will be not guilty as his mens rea is negated. If D still intended the crime even though he was intoxicated, he will still be guilty as his mens rea is not negated

Question 7

Hardie

Answer 7

If the intoxication prevented D from realising a risk, he will be not guilty as his mens rea is negated. If D still realised the risk even though he was intoxicated, he will still be guilty as his mens rea is not negated