Intoxication

Question 1

Intoxication may be a defense to the commission of an offence when..

Answer 1

It causes a disease of the mind so as to bring s23 (insanity) CA61 into effect
Intent is required as an essential element of the offence and the drunkenness is such that the defense can plead a lack of intent to commit the offence
Where intoxication causes a state of automatism (complete acquittal)

Question 2

R v Kamipeli

Answer 2

For intoxication to succeed as a defence all you need to establish reasonable doubt about he defendant required state of mind at the time of the offence

Question 3

When intoxication can be used as a defence

Answer 3

Any time that a crime is commit requiring intent

Question 4

Strict liability offence

Answer 4

Offence does not require intent (EBA)

Question 5

Section 25 CA61

Ignorance

Answer 5

The fact that an offender is ignorant of law is not an excuse for any offence to be committed