Intoxication

Question 1

Intoxication - How to Apply

Question 2

Voluntary or Inviduntary?

Question 3

VOLUNTARY INTOXICATION

Question 4

Where D voluntarily drank alcohol or took drugs

Question 5

I-D (name) may be able to argue the defence of voluntary intoxication

Question 6

D- Majewski- There is a distinction between specific and basic intent crimes.

Question 7

E- Specific intent crimes are crimes that are committed with intention only. Basic intent crimes can

Question 8

be committed intentionally and recklessly.

Question 9

APPLY to the scenario- what type of crime is in the scenario?

Question 10

Tip: Specific- Murder

Answer 10

s.18 GBH

Question 11

Basic- Assault

Answer 11

Battery

Question 12

USE IF SPECIFIC:

Question 13

E- The defence IS available for specific intent crimes if the D was so intoxicated that they could m

Question 14

form the mens rea (intention).

Question 15

APPLY if relevant

Question 16

USE IF BASIC:

Question 17

E- The defence is NOT available as the fact the D got voluntarily intoxicated is evidence of

Question 18

recklessness and the crime is complete.

Question 19

However

Answer 19

Richardson & Irwin states that the defence MAY BE available as long as the D would not

Question 20

have seen the risk even if they were sober.

Question 21

APPLY if relevant.

Question 22

SIDE RULE- Dutch Courage (Where D gets intoxicated in order to gain confidence to commit a crime)

Question 23

Gallagher - Defence NOT available as the D formed the mens rea for the crime before they got

Question 24

intoxicated.

Question 25

INVOLUNTARY INTOXICATION

Question 26

- Where the D was spiked or had unexpected side effects of

Question 27

prescription medication (Haride) •

Question 28

I-D (name) may argue the defence of involuntary intoxication

Question 29

E- Kingston- The defence IS available for specific

Answer 29

and basic intent crimes

Question 30

intoxicated

Answer 30

that they could not form the relevant mens rea as "a drugged intent is still an intent".

Question 31

APPLY to the scenario

Question 32

SIDE RULE: Unexpected side effect of a prescription drug- Defence is available as long as the side

Question 33

effect was unexpected- (Hardie).