Intoxication Flashcards
Voluntary intoxication
I
D may be able to argue the defense of voluntary intoxication
D
This is defined in Majewski as there is a distinction between specific and basic intent crimes
E
Specific intent crimes are crimes that are committed with the intention only. Basic intent crimes can be committed intentionally and recklessly
A
Specific - murder , s.18 GBH ,theft or robbery
Basic- assault , battery ,s.47 ABH ,s18 GBH and uam
Use if specific
The defense is available for specific intent crimes if the d wa so intoxicated that they could not form the men’s Rea
A
Apply if relevant
Use if basic
The defense is not available as the fact the d hit voluntarily intoxicated is evidence of recklessness and the crime is complete
However (Richardson and Irwin) states that the defense may be available as long as the d would not have seen the risk even if they were sober
A
Side rule
Dutch courage is where d gets intoxicated in order to gain confidence to commit a crime. The defense will not available as the d formed the men’s Rea for the crime before they got intoxicated (Gallagher)
A
Involuntary intoxication
Were the d was laced or had unexpected side effects of medication
I
D mag be argue the defense of involuntary intoxication
E
The defense is available for specific and basic intent crimes as long as the d we so intoxicated that they could not form the relevant men’s Rea as a drunken intent is still intent (Kingston)
A
Side rule
Unexpected side effects of medication- the defense of available as long as the side effects was unexpected and d was not reckless in bringing about the intoxicated state (Hardie)
A
