Intoxication Flashcards
1
Q
DPP v Beard
A
- D argued intoxication as a defence to murder.
- Definition
- D must be completely incapable of forming the mens rea for the defence to apply.
2
Q
A-G for Northern Ireland v Gallagher
A
- D decided to kill his wife and bought some whiskey and a knife.
- He drank some of the whiskey before he killed her.
- Definition
- Mens rea was formed to kill his wife before the intoxication.
- ‘Dutch courage’ is no defence - a drunken intent is still an intent.
3
Q
DPP v Majewski
A
- D drank excessive amounts of alcohol and took drugs.
- He got into a fight.
- Voluntary Intoxication and Basic Intent Crimes
- His conviction of ABH was upheld due to his recklessness in getting intoxicated.
4
Q
R v Kingston
A
- D, a known, paedophile, drank a drugged coffee and went on to abuse a young boy as part of an attempt by others to blackmail D.
- Involuntary Intoxication
- Despite the involuntary intoxication, D still knew what he was doing; he just couldn’t stop himself.
5
Q
R v Lipman
A
- D and girlfriend took LSD causing hallucinations.
- D killed his girlfriend mistaking her for snakes.
- Intoxicated mistake
- Charged with murder and manslaughter.
6
Q
Jaggard v Dickinson
A
- D was drunk broke into what she thought was her friends house who would consent to this, but it wasn’t.
- Conviction quashed, S5 Criminal Damage Act 1971 allows honest belief that person who consented to damage or destruction as a lawful excuse to charge of criminal damage.
