Intoxication

Question 1

Which case established that adverse side-effects of non-dangerous drugs is involuntary intoxication?

Answer 1

R v Hardie: D took valium; stated fire and charged with arson but claimed he did not know what he was doing because of the effect of the drug

Question 2

Involuntary intoxication is a defence for what types of crime?

Answer 2

Crimes of specific and basic intent

Question 3

Which case established that underestimating the effect of drink is still voluntary intoxication?

Answer 3

R v Allen: D drank homemade wine that was stronger than anticipated; he committed sexual offences and claimed he was so drunk he did not know what he was doing; argued he had not voluntarily put himself in that condition.

Question 4

Voluntary intoxication is a defence for what types of crime?

Answer 4

According to DPP v Majewski crimes of specific intent: MR requirement for these satisfied by the reckless behaviour of intoxicating oneself

Question 5

Which case established that voluntary intoxication will be a defence to criminal damage even though it is a basic intent crime?

Answer 5

Jaggard v Dickinson: D will be able to rely on s5(2)(a) and a mistaken belief in the owner’s consent, even though this is a drunken mistake resulting from voluntary intoxication

Question 6

Which case established that acute intoxication which is uncomplicated by any alcoholism or dependence cannot be relied upon to find diminished responsibility?

Answer 6

R v Dowds: D killed his partner in a frenzied knife attack while heavily intoxicated; he had no alcohol dependency and exercised control when he drank.

Question 7

Which case established that D cannot rely on the defence of voluntary intoxication if he had the MR of the crime before he started?

Answer 7

AG for Northern Ireland v Gallagher: D decided to kill his wife and drank most of a bottle of whisky to give himself ‘Dutch courage’.

Question 8

Which case established that you cannot use voluntary intoxication as a defence to a crime of specific intent if that voluntary intoxication leads D to use mistaken self-defence?

Answer 8

R v O’Grady: Alcoholic was sleeping; claimed he was woken up by a friend hating him, so he picked up some glass and defended himself; believed that he had only hit him a few times and that his friend had the upper hand, and that they consequently made up, ate food together and went to sleep; woke up to find friend dead from loss of blood with sever injuries.