Intoxication Flashcards
what is intoxication
not really a defence but relevant as to whether D has relevant MR for the offence
if D doesn’t have relevant MR because he was intoxicated…..
he may not be guilty
2 types
voluntary or involuntary - through alcohol, drugs or other circumstances
whether D guilty or not depends on…
intox - vol/ invol. + offence specific/ basic intent
explain basic intent offences
- never a defence
- Majewski: becoming intoxicated was reckless + that enough for MR
- e.g. assault, battery, s47, s20, UAM, GNM
explain specific intent offences
- if D cannot form the MR
- Kingston: drunken intet still intent
- e.g. murder, theft/ robbery, s.18
what case confirmed vol. intox considered a reckless course of conduct (recklessness enough to constitute MR of basic intent offences)
Majewski
what case confirmed that the jury should consider whether D would have realised the risk had he not been intoxicated
Richardson & Irwin
in what case were D’s too drunk to form MR for murder or GBH so dropdown to manslaughter
Sheehan & Moore
If MR formed before the intoxication (dutch courage) can intoxication be used
no
in what case did D form intention to kill his wife before he got drunk
AG for NI v Gallagher
define voluntary intoxication
D takes drink/ drugs of his own free will
define involuntary intoxication
D doesn’t realise taking drink/ drugs e.g. spiked
what case stated that where D doesn’t realise strength of alcohol/ drug he has taken, it odes not make the intoxication involuntary
Allen
what case stated that if D takes a non-dangerous drug, although not specifically prescribed to him, may be treated as involuntary + may therefore be able to use defence, if he does so non-recklessly
Hardie
what case states that if the drunken mistake is about the need to defend oneself it is not a defence
O’Grady
