Intoxication Flashcards
What percentage of people are intoxicated in some way when committing an offence?
Over 50%
What does intoxication include?
Alcohol, drugs and other substances
What is the general rule on intoxication?
It doesn’t provide a defence
What is the exception to the general rule on intoxication?
If mens rea is required and D did not form the mens rea due to his intoxicated state then he may not be guilty
What two things does the potential success of the defence rely on?
Whether the intoxication was voluntary or not
Whether the crime was one of basic or specific intent
Define voluntary intoxication
Where you have chosen to take the substance or you are aware of the effects of the substance on you
Give the ratio of DPP v Beard
If D is so intoxicated that he has not formed the mens rea then he is not guilty of the offence
Give the significance of Sheehan v Moore
D’s killed a vagrant while drunk, it was held that they were too drunk to form the mens rea so were convicted of a fall back offence
Give the facts of Gallagher
D decided to kill his wife then drank for “Dutch courage” and did it
Give the ratio of Gallagher
Drunken intent is still intent
Is there a defence if the crime is one of basic intent and why?
No because voluntarily becoming intoxicated is a reckless act so you can be found to have formed reckless mens rea
Define involuntary intoxication
The situation where you do not know that you are taking an intoxicating substance
Give the test for where there is voluntary intoxication
Did the defendant have the necessary mens rea when he committed the offence
Give the facts of Kingston
D was drugged by someone and was invited to abuse a 15 year old boy
Give the ratio of Kingston
If you do not have the mens rea then intoxication will not provide a defence
What if the defendant is mistaken about a key fact due to the intoxication?
It depends on what the mistake relates to whether or not he can still rely on intoxication as a defence
What if the mistake is in regards to something which means the mens rea could not have been formed?
If it is a specific intent offence then intoxication may still be a defence
If it is a basic intent offence then intoxicated mistake is not a defence
Give the facts of Lipman
D killed his girlfriend under the effects of LSD because he thought he was killing a snake
Give the ratio of Lipman?
D intended to kill a snake not her so the intent for murder could not be established
Give the facts of O’Grady
D killed V while drunk because V hit him. D underestimated how much force he had used
Give the ratio of O’Grady
He fulfilled the mens rea of manslaughter rather than murder
Give the facts of Hatton
D killed V with a sledgehammer defending himself from V’s five foot long stick he was attacking him with
Give the ratio of Hatton
A drunken mistake about the amount of force required in self defence was not a defence
Give a synoptic point about Hatton
It follows OGrady
Give the law on intoxicated mistake in relation to self defence
Intoxicated mistake to the degree of force needed in self defence is not a defence
What does the Criminal Justice and Immigration Act make clear?
That a mistaken belief caused through D’s voluntary intoxication cannot give a defence of self defence, defence, or another prevention of crime
What does s76 of the Criminal Justice and Immigration Act say?
Reasonable force may be used for self defence, defence or prevention of crime
