Intoxication Flashcards
1
Q
What was held in R v Kamipeli?
A
- For intoxication to succeed as a defence
- need to establish reasonable doubt
- about defendant’s required state of mind
- at time of offence
2
Q
When can intoxication be used as a defence?
A
- where intoxication caused disease of the mind to bring (S23 insanity) into effect
- if intent is essential element of offence and intoxication can plead a lack of intent to commit offence
- where intoxication causes state of automatism (complete acquittal)
3
Q
Explain Strict Liability
A
Any offence that does not require an intent (EBA). Only way defendant can escape liability is to prove total absence of fault.
4
Q
NZ Courts view on defence of intoxication
A
Intoxication may be a defence where
- effect of alcohol/drugs
- raises reasonable doubt
- whether offender had formed requisite intent for offence
