Intoxication Flashcards
What is Intoxication?
Intoxication is where D claims to be unaware of what was going on. It is a legal presumption of voluntary movement in which is used in avoidance to m/r.
A question the courts will consider is blameworthiness, what is this?
Blameworthiness looks at why D was intoxicated. Was this off their own accordance or were they spiked? Whether this was voluntary/involuntary.
What is the liability for involuntary intoxication?
There is no liability for any offence if it caused D not to form the mens rea for the offence - no m/r no liability.
What was held in the case of Kingston 1994?
Kingston had never offended before and was spiked through his coffee. Molested a drugged up boy. It was held a drunken intent is still an intent despite being a controlled pedophile.
What about voluntary intoxication?
DPP V Majewski 1977?`
With voluntary intoxication , we must estalish the nature of the crime and whether it was a crime of specific or basic intent.
What is meant by a specific intent crime?
This is crimes in which require intention. Evidence of intoxication can be taken into account whether the defendant satisfied the mens rea or not. - Courts can still conclude the m/r was satisfied.
What is meant by Ditch Courage?
AG reference for NI v Gallagher 1963 - A drunken intent is still an intent.
What is meant by a basic intent crime?
This in which is crimes that do not require intention and recklessness will suffice. Evidence of intoxication cannot be considered and the M.R will be assumed.
A dangerous drug?
Lipman 1970, Bailey 1983, Hardie 1985 - drug was not prescribed, couldn’t provide on effect that the drug was valiant.
What are the four basic intoxication rules?
D’s intoxication must have been voluntary
D’s offence must have been one of basic intent
D’s intoxicant must have been ‘dangerous’
D must lack mens rea BECAUSE of the intoxicant.
