Intoxication

Question 1

General rule

Answer 1

Does not provide a defence in the true meaning of the word but instead is relevant in determining if D has MR for the offence

It will only work as a defence if it negates the MR

Question 2

Type of intoxication

Answer 2

Needs to be worked out in order to establish if D has MR

Question 3

Voluntary intoxication

Answer 3

D knows and has chosen to take an intoxication substance. e.g. Solvants, Alcohol e.t.c

D will be regarded as voluntarily intoxicated if he knows the effects of a prescribed drug will make him intoxicated.

Question 4

Involuntary intoxication

Answer 4

D isn’t aware that he has taken an intoxicating substance. e.g. Spiking drink

Question 5

Type of crime:

Specific intent

Answer 5

Need MR of intention e.g. S18 OAPA or murder

Question 6

Type of crime: Basic intent

Answer 6

Need MR of recklessness e.g. S20 OAPA, battery, assault, ABH, involuntary manslaughter

Question 7

Voluntary intoxication and specific intent offences

Answer 7

Voluntary intoxication can negate the MR for a specific intent offence which means that the fact D has intoxicated himself might make him unable to form needed MR of the offence.

Question 8

Lipman

Answer 8

D will not be convicted of a specific intent offence if the intoxication prevents him from forming the MR of offence.

Question 9

Sheehan and more

Answer 9

Ds were drunk and set fire to homeless men. Because they were drunk, this negated their MR.

Question 10

Gallagher

Answer 10

If D has the required MR of the specific intent offence, despite being intoxicated, then he will be convicted.

Drunken intent is still intent.

Question 11

Voluntary intoxication and basic intent offences: Majewski

Answer 11

Voluntary intoxication will never be a defence to basic intent crimes as D will always have been reckless in becoming intoxicated and this can be transferred to satisfy MR of crime.

Question 12

Involuntary intoxication and specific intent offences

Answer 12

Key issue is identifying if D had MR of specific intent offence at the time of committing the offence.

Question 13

Kingston

Answer 13

If D has the MR of the specific intent offence, despite intoxication, he will be guilty.

A drugged intent is still intent.

However, if intoxication negates MR, D won’t be guilty.

Question 14

Allen

Answer 14

To be regarded as involuntary intoxication, the intoxication must be completely involuntary. - if not, it will be treated as voluntary intoxication.

Question 15

Involuntary intoxication and basic intent offences: Hardie

Answer 15

When D is involuntarily intoxicated, he has not been reckless in becoming intoxicated. If D has not been reckless in the offence either, then he will not have MR required and will be found not guilty.