Intoxication Flashcards
What are the 3 elements for intoxication
1.Type of intoxication
2.type of offence
3. Did d have men’s rea
What is voluntary intoxication
Where’s d takes alcohol or drugs of their own free will
What is involuntary toxication
Where d takes drugs or alcohol without realising e.g spiked
R v kingston
Liable because they still wanted to commit the crime/ involuntary
R v Allen
If d mistakes strength of alcohol it is still voluntary
What type of crimes are there
Specific and basic intent crimes
What is a specific intent crime
Only satisfied through intention/ s.18,murder or property
What is a basic intent crime
Satisfied through intention or reckless/assault,battery,manslaughter
Ag for n.Ireland v Gallagher
‘Drunken intent is still intent’ and Dutch courage
R v lipman
D’s intoxication could be used to show mr
Dpp v beard
Intoxication can take away mr for specific intent crimes
Dpp v majewski
Voluntary intoxication isn’t a defence to basic intent crimes