Intoxication Flashcards
General rule
can raise reasonable doubt for specific intent offences but not general intent offences.
r v daviault:
Voluntary intoxication that results in a state akin to automatism is a defense to general intent offences. Musts establish this on BOP
R v tatton
provides guidance in determining whther general or specific intent offences
Mens Rea analysis
if offence requires minimal mental acuity to execute the it is one of general intent/
if it involves: 1. ulterior motive 2. knowledge of circumstances or 3. the intention to bring about more specific consequences, any of which would require more complex thought and reasoning processes, the it is specific intent
Policy analysis
where mens rea fails.
is alcohol consumption habitually associated with the crime? if yes favors general intent in not favors specific.
Attempts
Actus Reus - an attempt to commit the criminal offence om question. requires more than mere acts of preparation
Mens Rea - intention to commit the offence
Conspiracy
Actus Reus - An agreement between multiple persons to commit an offence
Mens Rea - Intention to commit the offence.