Intoxication Flashcards
whether or not the defense of intoxication is successful depends on what?
If the intoxication is voluntary or involuntary
Charge is specific or basic intent
Dpp v Beard
Outlines the law on invol intoxication
The Defendant raped a 13 year old girl and suffocated her when he put his hand over her mouth.
Lord Birkenhead accidentally used term specific/basic intent.
held: D cannot form specific intent. Drunkenness is no defence but if the defendant was so drunk at the time of the offence he could not form the mens rea
Sheehan v Moore
D threw petrol over a tramp and set him on fire whilst drunk.
held: No specific intent crime to form mens rea therefore they convicted of Arson (basic intent) in order to convict for recklessness as they couldn’t establish intent
A-G NI gallagher
D killed his wife but drank before for dutch courage.
Held: Where a person forms the intention to kill and drinks in order to give themselves Dutch courage, they can not then rely on their intoxication to demonstrate they did not have the necessary mens rea.
what are the 3 cases outlining intent
DPP v Beard
Sheehan v Moore
A-G NI v gallagher
Which case outlines involuntary intoxication
Kingston
Kingston
D was a man who had a sexual desire for children but had it under control to the point where he could completely control his complusions to not act upon them. 2 men drugged him and photographed him abusing a 13 year old boy.
Held: even though he could control his compulsions he had the mens rea before he was intoxicated
what are the 3 cases outlining intoxicated mistake
Lipman
O’grady
Jeggard v Dickinson
What is intoxication
Failure to form the MR due to alcohol drugs or substance
Outline voluntary intoxication in reference to offences
Voluntary intoxication is never a defence to basic intent crimes
But is a defence to spesific intent crimes if D can’t form MR
What crimes are included in spesific intent
S.18, theft, robbery, burglary murder and attempts
What crimes are basic intent
S.20, M/S, battery ABH S.20
Which cases have no fallback
Theft, robbery, burglary
What is the burden of proof on?
Defendant- against article 6 rights
What are the cases for involuntary intoxication
Beard
Sheehan and Moore
Lipman
When can intoxication be a full defence
Where the offence is spesific intent and there is no fallback eg theft
Which case outlines intox not available to basic intent
Majewski
Richardson and Irwin
Which cases come under involuntary intoxication
Hardie
Allen
Kingston
Which case outlines intoxication as a mistake
Fotherington s.76 CJA
Lipman
Ogrady
Hatton
Outline the case of lipman
Voluntary intoxication
D shoved bed sheet down V’s throat taking LDS
Courts took away intoxication and substituted manslauter as they didn’t want the jury to risk aquittibg him
A02- we’ll why don’t they just remove the whole defence anyways
Outline the case of Sheehan v Moore
Voluntary intoxication
D set fire to a tramp and died. Judge refused to let intox go to jury incase they convicted so used fallback of manslauter
Public policy
Outline the case of Gallagher
Bought whisky and knife together to get Dutch currage to kill wife
Defence only occurs where they form MR after intoxication
Outline the case of Richardson and Irwin
Dropped V off balcony suffering injury with consent
Outline the case of Allen
Invoke intoxication - where D doesn’t know they’re taking an intoxicating substance
Made homemade wine and raped step daughter because it was too strong
No defence because the defendant was aware the effect of alcohol
Outline the case of fotherington
D had sexual intercourse with 14 year old baby sitter mistaken for wife in bed.
Intoxication and mistake does not apply
