Intoxication Flashcards
Voluntary intoxication and specific intent crimes
Gallagher - intoxicated intent is still intent and not a defence
Lipman
Sheehan and Moore
Both former were negated and reduced to INVOL M
What is the main element
Intoxication must negate the MR to be successful
Voluntary intoxicated and basic intent
NEVER EVER A DEFENCE AS RECKLESSNESS CAN BE TRANSFERRED FROM BEING RECKLESS AS TO BE DRUNK AS IN MAJEWSKI
Involuntary intoxication and specific intent crimes
Kingston - not a defence as mr wasn’t negated
Allen - must be totally involuntary
Can be a defence is mr negated
Involuntary intoxication and basic intent crimes
Hardie can not be reckless nor intend as they didn’t realise the effect therefore can be a defence sometimes
What can intoxicate one?
Drugs, alcohol