intoxication

Question 1

involuntary intoxication

Answer 1

where the defendant doesn’t know he is tasking alcohol or drugs
- the defendants drink/food was spiked with drugs or alchol
- the defendant takes drugs prescribed by his doctor

Question 2

r v kingston

Answer 2

the hot upheld d’s conviction for indecent assault. d had the mens era and therefore, could not rely on a defence of involuntary intoxication

Question 3

r v allen

Answer 3

if d mistakes the strength of the alcohol, this is voluntary intoxication

Question 4

specific intent crime

Answer 4

the mens red required is intention; s18 gah, murder, theft, robbery, burglary,

Question 5

basic intent crime

Answer 5

the mens red required is intention or recklessness; assault s47, battery s20, manslaughter, criminal damage

Question 6

ag for Northern Ireland v Gallagher

Answer 6

’ a drunken intent is still an intent’ dutch courage ; if the mens era is formed before the intoxication there will be no defence

Question 7

r v Lipman

Answer 7

not guilty of murder as he lacked the necessary mr due to intoxication went down to manslaughter

Question 8

app v beard

Answer 8

intoxication can take away the mr for specific intent crime

Question 9

app v majewski

Answer 9

the hot confirmed that voluntary intoxication is not a defence for basic intent crime