Intoxication

Question 1

Definition

Answer 1

It can be a partial or full defence to any crime where D is so intoxicated they cannot form the MR for the crime they have committed

Question 2

What is the rule with VI and SI crimes?

Answer 2

If they are so drunk they cannot form the MR then they can partially rely on defence to fall back BI crime or full if none (beard)

Question 3

What are excluded for VI?

Answer 3

Drunken intent (Sheehan and Moore)
Dutch courage (Gallagher)

Question 4

What is the rule with VI and BI crimes?

Answer 4

No defence as being intoxicated forms the recklessness and therefore MR (majewski)

Question 5

What is the exception with BI?

Answer 5

Suffering from a mental illness (Harris)

Question 6

What is the rule with II?

Answer 6

If D was spiked or prescribed a drug with an unexpected affect then can provide full defence unless they form the MR (Kingston)

Question 7

What is the rule with intoxicated mistake?

Answer 7

If they are too drunk to form the MR then provided with defence (lipman)

Question 8

What is s5(2)a?

Answer 8

Where D commits criminal damage thinking they have Vs consent (jaggard)