Intoxication

Question 0

What is step two of voluntary intoxication?

Answer 0

Is the crime specific intent or basic intent?

Question 1

What is step one of intoxication?

Answer 1

To prove D was incapable of forming men’s rea

Question 2

What does intoxication cover

Answer 2

Alcohol
Drugs
Solvents

Question 3

Can you plead intoxication whenever you are intoxicated

Answer 3

No. Intoxication is a very limited defence

Question 4

What is legal principle

Answer 4

Fairness to defendant
Law is fair and safeguards D’s rights
Innocent until proven guilty
AR and MR

Question 5

What is public policy

Answer 5

Fairness to public
Aims to protect society
Supports the innocent
Prevents crime by encouraging good behaviour
Bringing justice to those who commit crime

Question 6

How was intoxication developed

Answer 6

Judicial precedent

Question 7

Beard (1920)

Answer 7

D raped a 13yo whilst intoxicated. He put his hand over her mouth to stop her screaming and accidentally suffocated her.

Lord Birkinhead said “voluntary drunkenness has never been an excuse for criminal conduct” “voluntary drunkenness should be considered an aggravation rather than a defence”

Question 8

Gallagher (1963)

Answer 8

D decided to kill his wife so bought a knife and a bottle of whiskey. Once he was drink he stabbed and killed her. Pleaded insanity and intoxication. COA quashed bc of misdirection from judge. HOL upheld conviction bc despite been intoxicated, he has formed MR before.

Question 9

Majewski

Answer 9

D was on a 48h binge. He assaulted 3 people including a police officer. At trial he said he didn’t remember. Convicted and appealed.
HOL said voluntary intox can’t be used for basic intent crimes.

Question 10

What did Lord Elwyn-Jones say in Majewski

Answer 10

“Self induced intoxication can’t be used for basic intent crimes. Basic intent crimes requires recklessness and you have already been reckless by drinking/taking drugs.

Question 11

R v Fotherington (1988)

Answer 11

D was drinking. He got in bed with the 14 yo babysitter who was sleeping in the marital bed. He had sex with her believing it was his wife.
Couldn’t use defence as it was classed as a basic intent crime

Question 12

What are specific intent crimes

Answer 12

Crimes that require intention e.g. Murder, s.18, theft, robbery and burglary.

Question 13

What is a basic intent crime

Answer 13

Crimes for which the MR can be reckless e.g. Manslaughter, s.20, s.47, assault and battery and arson

Question 14

Heard (2007)

Answer 14

Police were called to D’s house bc he was intoxicated and self harming. Whilst at the hospital he stated running his penis on a police officer.
Judge said it was a basic intent crime. D appealed and said it was specific bc act contained the word ‘intentionally’ judge said some crimes can’t be labelled

Question 15

What is the outcome if D can successfully plead intoxication

Answer 15

If the crime is specific intent, it will be reduced to a basic intent crime.
Some crimes can’t be reduced in which case there will be complete acquittal

Question 16

Lipman (1970)

Answer 16

D killed his gf whilst on LSD bc he thought she was a snake.
COA said he could use intoxication as he had no MR for murder.
He was charged with manslaughter

Question 17

Who explained the fall back principle

Answer 17

Lord Denning

Question 18

What is the fallback principle explained in bratty

Answer 18

“If the intoxicated man is so drunk that he does not know what he is doing, he has the defence to any charge, such as murder, which a specific intent is essential, but he is still liable to be convicted of manslaughter

Question 19

What case was the fallback principle explained in

Answer 19

Bratty

Question 20

What is involuntary intoxication

Answer 20

When D was unaware they were intoxicated

When taking a substance has the opposite effect expected

Question 21

R v Sheehan and Moore (1975)

Answer 21

Juries should be told “the mere fact D’s mind was effected by drink so that he acted in a way in which he would not have done had he been sober does not assist him at all, providing that the necessary intent was there a drinker intent is nevertheless an attempt”