Intoxication

Question 1

DPP v Majewski

Answer 1

Intoxication will only be a defence for crimes of specific intent (i.e. crimes without element of recklessness). Otherwise, if the defendant argues he was drunk and had no mens rea, then this will be a defence.

Question 2

R v Kingston

Answer 2

Involuntary intoxication will not be a defence/cause the defendant to lack mens rea. However, it may affect the sentencing.

Question 3

Attorney General N.Ireland v Gallagher

Answer 3

Drinking for dutch courage will not negate the mens rea of the defendant.

Question 4

R v Lipman

Answer 4

Intoxication will be a defence for crimes of specific intent i.e. murder, but the defendant can still be found guilty of a lesser crime i.e. manslaughter.