Intoxication

Question 1

Specific intent offences

Answer 1

Intention - S18 and murder

Question 2

Basic intent offences

Answer 2

Recklessness - S39 CJA 1998 (CA + CB) , s20, S47 and unlawful act manslaughter

Question 3

Voluntary intoxicatingly is a defence to crimes of specific intent

Answer 3

DPP v Beard

Question 4

Lord Birkenheads Rule:

Answer 4

If he was so drunk that he was incapable of forming the intent required, he could not be convicted of a crime which was committed only if the intent was proved.
Offence would be reduced to manslaughter or another basic intent offence

Question 5

From murder to manslaughter case with voluntary intoxication of specific intent offence

Answer 5

Sheehan v Moore

Question 6

Where D had the intention anyway the intoxication is irrelevant ( drank for Dutch courage )

Answer 6

Gallagher

Question 7

Where the D has the necessary MR despite his intoxicated state then he is guilty of the offence

Answer 7

Coley, mghee, Harris

Question 8

Where the offence is one of basic intent intoxication is NOT a defence

Answer 8

DPP v Majweski

Question 9

You cannot use intoxication for basic intent offences

Answer 9

Richardson v Irwin 1999

Question 10

Involuntary intoxication definition:

Answer 10

Where D did not know he was taking an intoxicating substance eg a soft drink being laced

Question 11

It is not enough to show that the D would not have committed the crime had he not been intoxicated, an intoxicated intent is still an intent

Answer 11

Kingston

Question 12

Intoxicated mistake definition:

Answer 12

If the D is mistaken about a key fact because he is intoxicated - then it depends on what the mistake was about as to whether he had a defence.

Question 13

There is a defence of intoxication if make an intoxicated mistake if it means:

Answer 13

They did not have the MR for specific intent

Question 14

There is no defence of intoxication if D makes an intoxicated mistake if:

Answer 14

The offence is of basic intent

Question 15

Voluntarily took LSD and killed girlfriend thinking she was a snake.

Answer 15

Defence of intoxication bringing the offence down to manslaughter as he had voluntarily taken LSD which was reckless conduct

Question 16

If the mistake is about the amount of force needed in self-defence, the D will not have a defence of intoxication due to an intoxicated mistake.

Answer 16

O’Grady

Question 17

Re-affirmed that the rule in O’Grady could apply to specific intent crimes in regard to drunken mistake and the amount of force required for self-defence

Answer 17

Hatton

Question 18

D’s voluntary intoxication cannot give a defence of self-defence

Answer 18

Criminal Justice and Immigration Act 2008

Question 19

Why is it not technically a defence?

Answer 19

Because if D was intoxicated they may not have the MR to have committed the offence in the first place