Intoxication Flashcards
What is the defence of intoxication ?
Where D consumed alcohol, drugs or other noxious substance
What happens to a Ds MR if intoxication is involved ?
MR couldn’t be formed
What is the first element of intox.?
are they legally intox. ?
How can someone be legally intox. (2 ways and case) ?
automatism, can’t form MR, or merely drunk (D wouldn’t do if sober but knows doing it) (Heard)
What does Sheehan V Moore say about legally intoxicated ?
drunken intent is still intent
What helps to prove legally
intox. ?
evidence to show D had more than just a drink or 2 or small amount of drug
Next element of intox. ?
Has intox. been caused involuntarily or voluntarily
What does R V Eatch say about vol./jnvol. ?
if any doubt, question of fact for jury
What is volountary intox. ?
D chooses to take 🍷, ❄️, or other substance out of own free will
What is invol. intox. ?
D doesn’t know taken 🍷, ❄️ that will intox. them
What does R V Hardie add for invol. ?
where D taken prescribed drug but had unexpected effect
What is the 1st thing to consider if the intox. was voluntary ?
only a defence to specific intent crimes DPP V Beard (only intention)
What happens if the D can form MR for a crime under vol. intox. ?
defence not available (Coley)
What did R V Lipman say about vol. intox. ?
if there is a lower basic intent crime of specific one D charged w that and intox. no longer a defence
What happens if there is no basic intent version of a specific crime ?
can use intox. and acquitted
What does R V Gallagher say about dutch courage (Vol. Intox.) ?
if D only consumed to get courage to commit crime intox. not available
How does DPP V Majewski show that basic intent crimes don’t work for intox. ?
recklessness of getting intox. is recklessness for comitting crime
How did Richardson and Irwin differ the standards for normal basic intent crimes?
intox. available as D must also not realise risk had they not been drinking
What happens if D was invol. intox. ?
will be acquitted as couldn’t form MR for crime
Why would someone be charged if they were invol. intox. (case)?
if had MR before intox. (Kingston)
