Intoxication Flashcards
What type of defense is intoxication?
Not a true one unlike duress, it asks the juries to consider whether they committed a crime without mens rea
What do intoxicants have an ability to do?
Influence someones perception, judgement and self control and the ability to forsee the consequences of their actions
How does the law approach the defence of intoxication?
By balancing public policy (based on public protection and encouragement of good behaviour) and legal principles (being acquitted just because they were drunk)
Who decides whether the D was intoxicated?
The judge - R v Groark 1999 D apparently drunk 10 pints of beer before striking V in face with knuckleduster, he gave evidence he knew what he was doing so judge did not direct jury as to intoxication
What is voluntary intoxication?
Where a D chose to take an intoxicating substance and it can also occur where D knows effects of a prescripted drug will make him intoxicated
What is the current law on intoxication?
Fairly lenient, at one point intoxication was not regarded as a defence at all
What case showed that the current law on intoxication is very lenient?
DPP v Beard 1920 where judge ruled that if D was incapable of forming intent to kill or cause GBH then he will be not be guilty of murder but manslaughter
What is now firmly accepted in regards to intoxication principles?
a D may not need to be incapable of forming intent; it is sufficient if he does not in fact do so
Which case illustrated that a D may be very drunk but still may have formed the required mens rea?
R v Sheehan 1975 (threw pterol over a tramp and set him on fire, too drunk to form necessary intention so convicted of manslaughter) - if a D acts in a way which he would not have done sober the defense of intoxication does not assist him at all a “A DRUNKEN INTENT IS NEVERTHELESS AN INTENT”
What did Lord Denning state in Bratty 1963?
“specific intent crimes can only be committed intentionally, basic intent crimes can be committed recklessly”
What is the leading case on voluntary intoxication?
DPP v Majewski 1977. D was on 36 hour drugs and drink binge, in pub he assaulted a customer and a police officer, charged with a number of offences under both s47 and s20 OAPA 1861, his defence was that he was suffering from effects of drink and drugs and he had not foreseen the consequences of his actions so no mens rea but his conviction was upheld
What did the HOL rule in Majewski 1977?
Intoxication is available for specific intent crimes where you will get a lesser offence but unavailable for basic intent crimes as if you are reckless this is enough mens rea for a crime in these cases
What are some of the cases that are crimes of specific intent?
Murder - Beard 1920
Wounding with intent - Bratty 1963
Causing GBH with intent
Theft, robbery, burglary and attempts
What are some of the cases that are crimes of basic intent?
Manslaughter (involuntary)
Rape - Fotheringham 1988
Inflicting GBH - Majewski 1977
ABH, assault, battery and criminal damage
The legal principle of intoxication not being a defence for basic intent crimes was applied in what cases?
Lipman 1970 - D and girlfriend taken LSD before falling asleep, during hallucinations he woke up and found his girlfriend dead as had strangled her when he thought she was a snake, convicted of manslaughter
Fotheringham 1988 - Babysitter for D’s kids (14) had fallen asleep on D’s bed, believing she was his wife in a drunken state he had sex with her, held intoxicated mistake was no defence in rape
The Majewski principle was established in a more recent case, this was…?
R v Heard 2007 - D undone his trousers, took his penis into his hand and rubbed it up and down a police officers thigh. when he sobered up he claimed he could not remember anything and when he was drunk he sometimes might “go silly and start stripping”
Charged with sexual assault under S.3 Sexual Offences Act 2003