Intoxication Flashcards
1
Q
Voluntary
A
Specific intent- defence if can’t form MR
Basic- only a defence if D wouldn’t realise risk sober
2
Q
Majewski
A
Vol. intox is a defence to specific intent but not basic
3
Q
Richardson & Irwin
A
May have a defence to basic intent of D wouldn’t have realised the risk sober
4
Q
Lipman
A
If not guilty for specific intent crime them will be liable for a fall back crime (manslaughter/s20)
5
Q
O’Grady
A
Can’t rely on a drunken mistake
6
Q
Involuntary
A
Specific & Basic- if D is sufficiently intox to the point he lacks MR then he will have a defence
7
Q
Examples of involuntary intox
A
Prescribed drugs Soporific drugs (Hardie) Spiked drinks (Allen)