Intoxication

Question 1

Majeweski- there is a distinction between specific and basic intent crimes.
E-Specific intent crimes are crimes that are committed with intention only. Basic intent crimes can be committed intentionally and recklesssly

Answer 1

Specific-Murder, S.18gbh, theft, robbery
Basic-Assault,battery,s.47abh,s.20gbh, uam

Question 3

Specific-
E- The defence still available for specific intent crimes if the D was so intoxicated that they could not form the men’s Rea (intention)

Answer 3

Basic- The defence is not available as the fact of the D got voluntarily intoxicated is evidenced of recklessness and the crime is complete

However Richardson & Irwin states that the defence may be available as long as the D would not have seen the risk even if they were sober

Question 4

Side rule- Dutch courage- D gets intoxicated in order to gain confidence to commit a crime the defence will not be be available as the D formed the men’s Rea de the crime before they got intoxicated (Gallagher)

Question 5

Involuntarily- D was laced or had unexpected side effects of medication
The defence is available for specific and basic crimes as long as the D was so intoxicated that they could not form the relevant mens rea as a “drunken intent is still an intent”- Kingston

Answer 5

Side rule- unexpected side effect of medication- The defence is available as long as the side effect was unexpected and that D was not reckless in bringing about the intoxication state- (Hardie)