Intoxication Flashcards
What three questions must be asked when assessing intoxication?
- Vol or invol?
- Dangerous or non-dangerous drug?
- Specific intent or basic intent?
What question must be asked in this case:
- Basic intent and
- Voluntary intoxication
- by a dangerous drugs
Would D have foreseen the risk if sober?
Coley, McGhee and Harris
What question must be asked in the following situations:
- Involuntary intoxication
- Specific intent crimes
- Voluntary intoxication with a non-dangerous drug
Did D still form the MR?
R v Pordage
What is the test in R v Pordage?
If capable, did D still form the mens rea - P must prove beyond reasonable doubt that D committed the AR with the necessary MR
If not, D entitled to full acquittal
Who has the burden in intoxication?
- D must raise the issue of intoxication
- P must then prove beyond reasonable doubt that D still formed the necessary MR
When can intoxication negate the MR?
i.e apply the Pordage test
- Involuntary drug taking
- Drug taking was in bona fide pursuance of medical treatment
- Vol intoxication by non-dangerous drugs
- Specific intent crimes
What is the test in R v Coley, MCGhee and Harris
Would D have foreseen the risk had they not been intoxicated?
Apply R v G
If D is aware they are drinking alcohol but are mistaken as to its strenght, is this vol or invol intoxication?
Voluntary
Is it a defence to plead that you would not have committed the offence if sober?
No - Kingston
How are dangeorus drugs defined?
- Alcohol
- Illegal drugs
- Where it is common knowledge that the drug is liable to cause the taker to become aggressive or do dangerous or unpredictable things
Hardie
How are non-dangerous drugs defined?
No common knowledge that the drug can cause the taker to become dangerous
e.g soporific or sedative drugs, vallium
What are specific intent crimes?
Where intention is the only form of MR available
Majewski
What are basic intent crimes?
Where D can be convicted on the basis of recklessness or intention
Are attempted offences basic or specific intent crimes?
All are specific
- except s9(1)(b) where the final element is GBH without intent
- except aggravated criminal damage (even if they intended the harm)
Can a defendant rely on a drunken mistake regarding self-defence?
No, a defendant cannot rely on a drunken mistake as to the need to use self-defence.
Is intoxication a barrier to a plea of loss of control or diminished responsibility?
No, intoxication is no bar to a plea of loss of control or diminished responsibility.
Can drunken consent be considered valid?
Yes, drunken consent can be consent in some cases (R v Richardson and Irwin [1999]).
Can a defendant use a statutory defence based on honest belief if their belief is due to voluntary intoxication?
Yes, a defendant can use this defence even if their belief is due to their voluntary intoxication.
