intoxication Flashcards
when will intoxication work as a defence?
when it negates the mens rea
what are the 2 types of intoxication?
-voluntary
-involuntary
what is voluntary intoxication?
where d has chosen to take an intoxicating substance
what is involuntary intoxication?
where d is not aware he is taking a substance, whether it be he got spiked or was unaware of the side effects
what is the case for voluntary intoxication?
Allen
what does Allen say about involuntary intoxication?
to be valid it must be completely involuntary
what is the case for involuntary intox?
Hardie
what does DPP v Majewski set out?
that voluntary intox will never work as a defence to basic intent crimes as d was reckless in taking the substance so has the mens rea
what does Lipman set out?
d will not be convicted of a specific intent crime if the intox prevents him from forming the mens rea of the offence
what is the case that shows drunken intent is still intent?
Gallagher
what case talks about drugged intent still being intent?
Kingston
what does Hardie also set out?
that if d is involuntary intoxcated and does not have the mens rea of the crime, then he will not be convicted
why did the court sentence in R v O’Grady?
to deter others from using intox as an excuse for violence
