intoxication Flashcards
what type of defence is intoxication
capacity defence
what does the defence cover
it covers drinks and drugs as these may impair the MR determining whether D is guilty or not
what is voluntary intoxication
D has chosen to take an intoxicating substance or is aware a prescribed drug might make him intoxicated
what is involuntary intoxication
where D was unaware he was taking an intoxicated substance or is unaware a prescribed drug might make him intoxicated
what are the 2 elements used to test if D is guilty
- if intoxication was voluntary or involuntary
- whether the offence was specific or basic intent
what’s a specific intent crime
inc e.gs
most serious crime that requires specific intent as the MR
ie. theft, robbery s18, murder
what’s a basic intent crime
inc e.gs
less serious crimes and require either intent or subjective recklessness as the MR
ie. common assault, s47, s20, manslaughter
what is the rule with voluntary intoxication and specific intent crimes
voluntary intoxication can be used as a defence for specific intent crimes as it may mean D is unable to form the MR of the offence
Sheehan and Moore
D was extremely drunk and poured petrol on a man setting him on fire and causing him to die, claimed so intoxicated he couldn’t form MR
COULD RELY ON INTOXICATION
POL- intox can be a defence for specific intent when D is unable to form the MR
what’s the rule for voluntary intoxication and basic intent crimes
intoxication is not a defence for basic intent crimes
this is bc getting intoxicated is a reckless action and recklessness is enough to form the MR of basic intent crimes
DPP V Mjewski
D took drink and drugs and then assaulted several ppl including police
COULDNT RELY INTOXICATION
POL- intox is not a defence for basic intent crimes
what’s the test for involuntary intoxication
Did D have the MR when he committed the offence - if yes he can be convicted even if intoxication lowered his resistance to committing the crime
Kingston
D involuntarily drugged by a friend who encouraged him to perform sexual acts on a minor
COULDNT RELY INTOXICATION
POL- drunken intent is still intent
what happens if D does not have necessary intent
if D doesn’t have necessary intent then he has no MR snd can rely on intoxication
hardie
D consumed someone else’s prescription of valilium thinking it would calm him down, D reacted differently and set fire to a wardrobe
COULD RELY INTOXICATION
POL- D did not have MR
