Intoxication

Question 1

What percentage of people are intoxicated in some way when committing an offence?

Answer 1

Over 50%

Question 2

What does intoxication include?

Answer 2

Alcohol, drugs and other substances

Question 3

What is the general rule on intoxication?

Answer 3

It doesn’t provide a defence

Question 4

What is the exception to the general rule on intoxication?

Answer 4

If mens rea is required and D did not form the mens rea due to his intoxicated state then he may not be guilty

Question 5

What two things does the potential success of the defence rely on?

Answer 5

Whether the intoxication was voluntary or not

Whether the crime was one of basic or specific intent

Question 6

Define voluntary intoxication

Answer 6

Where you have chosen to take the substance or you are aware of the effects of the substance on you

Question 7

Give the ratio of DPP v Beard

Answer 7

If D is so intoxicated that he has not formed the mens rea then he is not guilty of the offence

Question 8

Give the significance of Sheehan v Moore

Answer 8

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

Question 9

Give the facts of Gallagher

Answer 9

D decided to kill his wife then drank for “Dutch courage” and did it

Question 10

Give the ratio of Gallagher

Answer 10

Drunken intent is still intent

Question 11

Is there a defence if the crime is one of basic intent and why?

Answer 11

No because voluntarily becoming intoxicated is a reckless act so you can be found to have formed reckless mens rea

Question 12

Define involuntary intoxication

Answer 12

The situation where you do not know that you are taking an intoxicating substance

Question 13

Give the test for where there is voluntary intoxication

Answer 13

Did the defendant have the necessary mens rea when he committed the offence

Question 14

Give the facts of Kingston

Answer 14

D was drugged by someone and was invited to abuse a 15 year old boy

Question 15

Give the ratio of Kingston

Answer 15

If you do not have the mens rea then intoxication will not provide a defence

Question 16

What if the defendant is mistaken about a key fact due to the intoxication?

Answer 16

It depends on what the mistake relates to whether or not he can still rely on intoxication as a defence

Question 17

What if the mistake is in regards to something which means the mens rea could not have been formed?

Answer 17

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

Question 18

Give the facts of Lipman

Answer 18

D killed his girlfriend under the effects of LSD because he thought he was killing a snake

Question 19

Give the ratio of Lipman?

Answer 19

D intended to kill a snake not her so the intent for murder could not be established

Question 20

Give the facts of O’Grady

Answer 20

D killed V while drunk because V hit him. D underestimated how much force he had used

Question 21

Give the ratio of O’Grady

Answer 21

He fulfilled the mens rea of manslaughter rather than murder

Question 22

Give the facts of Hatton

Answer 22

D killed V with a sledgehammer defending himself from V’s five foot long stick he was attacking him with

Question 23

Give the ratio of Hatton

Answer 23

A drunken mistake about the amount of force required in self defence was not a defence

Question 24

Give a synoptic point about Hatton

Answer 24

It follows OGrady

Question 25

Give the law on intoxicated mistake in relation to self defence

Answer 25

Intoxicated mistake to the degree of force needed in self defence is not a defence

Question 26

What does the Criminal Justice and Immigration Act make clear?

Answer 26

That a mistaken belief caused through D’s voluntary intoxication cannot give a defence of self defence, defence, or another prevention of crime

Question 27

What does s76 of the Criminal Justice and Immigration Act say?

Answer 27

Reasonable force may be used for self defence, defence or prevention of crime