Intoxication

Question 1

When will intoxication work

Answer 1

Intoxication will only work as a ‘defence’ when it negates MR

Question 2

What’s the structure for intoxication

Answer 2

1. Type of intoxication
2. Voluntary and basic intent
   Voluntary and specific intent
   Involuntary and specific
   Involuntary and basic intent

Question 3

What’s the two types of intoxication

Answer 3

Voluntary intoxication is where the defendant has chose to take an intoxicating substance
Involuntary intoxication is where D is not aware that he is taking the intoxicating substance

Question 4

R v Allen

Answer 4

The intoxication must be completely involuntary

Question 5

R v Hardie

Answer 5

If d is unaware of effects its involuntary

Question 6

Dpp v majewski (voluntary intox and basic intent crime)

Answer 6

Voluntary intox will never be a defence to basic intent crimes as d will always have been reckless in becoming intoxicated so will still have required MR

Question 7

R v lipman (voluntary intox and specific intent offences)

Answer 7

D will not be convicted of a specific intent offence if the intoxication prevents him from forming the men’s rea of the offence

Question 8

Ag for Northern Ireland v Gallagher

Answer 8

If the defendant has required MR of the specific intent offence then he’ll be guilty

Question 9

R v Kingston (involuntary and specific intent)

Answer 9

A drugged intent is still intent, if he has MR then not guilty if he has Mr guilty

Question 10

R v hardie (involuntary and basic intent)

Answer 10

Drunken intent is still intent, if D still has the MR then the defence doesn’t work