INTOXICATION Flashcards
What must the intoxication do?
Make D incapable of forming MR
Is intox common law or statute
Common law- developed through precedent
What balance must the law on intox achieve?
Public policy and legal principle
How many of all violent are committed by a D who is intox?
50%
What is the SIC/BIC division for voluntary and involuntary intox?
Voluntary- SIC can have a defence but not if they were capable of forming MR
BIC no defence under any circumstances
Involuntary- SIC and BIC can access a defence but not always
Who must raise the defence of intox and how does this vary from other defences?
D must raise the defence and if they do not then they cannot access the defence
Unlike other defences as if D doesn’t raise defence then the judge is not required to
What happened in the case of Rossiter 94 and Groark 99
Rossiter- LOC judge didn’t raise defence and therefore the appeal in c of a was successful
Groark- judge did not raise intoxication but failure to do so didn’t make any difference
What was the case of Beard about?
Raped a 13 year old girl and out hand over her mouth in irder to stop her screaming. V died if suffocation
What was the legal principle in Beard?
When D is intoxicated he can have the defence to a SIc providing that the intoxication prevents D from forming the necessary mens rea
Who was the HOL judge in Beard?
Lord Birkenhead
What happened in the case of Sheehan and Moore?
Got drunk and threw petrol over a tramp and set fire to him. Too drunk it have formed intention
Under fallback principle they were convicted of manslaughter
Which case introduced Dutch courage?
Gallagher
What happened in the case of Gallagher and what is the legal principle?
Wanted to kill his wife but drank a lot of whiskey before doing so.
He couldn’t use the defence because he still harps intention even if he was very drunk when he did so.
A drunken intent is still an intent
What happened in the case of Lipman?
Took LSD. D had a bad ‘trip’ and thought he was attacking snakes
Intention for murder could not be formed
What was the legal principle in Lipman?
If intention for murder cannot be proven the. The court may consider involuntary manslaughter- only need subjective recklessness
By taking drugs d has been subjectively reckless
What happened in the case of majewski? (Legal processes as well)
D drank heavily and was thrown out and tried to get back in and injured the landlord and a customer in the process
Charged with ABH
C of A asked the HOL if D could be convicted if an assault when drunk when he had no intention if doing the act
HOL said d could and that it was reckless conduct to get oneself blind drunk and recklessness was enough for MR
What is the legal principle in Majewski?
For BIC voluntary intox is no defence even if they did not intend to commit the offence and was so drunk they were incapable of forming MR
Who was the judge in majewski?
Lord Elwyn Jones
What happened in the case of Richardson and Irwin and legal principle
Two students lifted. Third over a balcony and dropped him to the ground causing serious injuries
Convicted but court of appeal said they shouldn’t have used an objective test and it should have been asked what the students would have seen if they had not been drinking
LP- not just assume guilt because committed offence while intox
Jury should be directed assume that d was sober and assess what they would have foreseen in that situation
What is the principle from Pearson?
If a party be made drunk by stratagem or the fraud of another, he is not responsible
What are the 4 main situations where Ds voluntary intox will be treated as involuntary?
Taken under medical prescription (Bailey)
Taking a drug known to have a soporific or sedative effect (Hardie)
Taken by D without his/her knowledge- spiked drink situation
Taken under duress
Legal principle in Allen
The intoxication was still voluntary even though D had not realised the strength of the drink
What was the legal principle in Kingston
A drugged intent is still an intent
He intended to do so before becoming intox
What is the legal principle in Hardie
No MR because had not been reckless in becoming intoxicated as the Valium should have had a soporific effect
