Intoxication

Question 1

The availability of this defence is restricted to

Answer 1

public policy reasons

Question 2

The two types of intoxication are

Answer 2

1. Voluntary

2. Involuntary

Question 3

Involuntary intoxication may lead to ____

Answer 3

Acquittal

Question 4

Voluntary intoxication is rarely …….

Answer 4

ever allowed as a defence and when it is, it may result in conviction for less serious charges

Question 5

In pleading involuntary intoxication, the D is claiming that….

Answer 5

they are not responsible for their condition

Question 6

There are___ criticisms of intoxication

Answer 6

5

Question 7

The 5 criticisms of intoxication REGARD:

Answer 7

1. Distinction between basic and specific intent
2. Intoxication’s relationship to other defences
3. Mens rea
4. Public policy
5. Involuntary intoxication

Question 8

General law takes a ____ approach but Intoxication takes a ____ approach to mens rea.

General law case?

Answer 8

subjective
objective

R v G and another

Question 9

Majewski

Answer 9

the D will be guilty because they intoxicated themselves even if they haven’t recognised the risk.

Question 10

The distinction between specific and basic intent offences can be blurry for some offences like the:
_____ _____ ______ Act
In the case of _____

Answer 10

Sexual assault under s3 Sexual Offences Act 2003

Heard

Question 11

Attempted rape is a ____ intent crime but ____ is not

Answer 11

Specific

Rape

Question 12

Voluntary intoxication is a defence to ____ ____ but not ___

Answer 12

Attempted rape

Rape

Question 13

When the defendant is charged with ___ or murder they can use the defence of Intoxication.

Luckily for the prosecution, if the D is found not guilty, they can use the fall-back offences of manslaughter and ____ where the ____ rules mean the D will likely be guilty.

Answer 13

s18
s20
Majewski rules

Question 14

Some offences like ___ do not have a fall back defence which may mean the D walks free if they get to “choose” an offence.

Answer 14

Theft

Question 15

Does the effect of ____ have an effect on the defence of ____

Case that raises question is?

Answer 15

intoxication, consent

Richardson and Irwin

Question 16

A criticism of Intoxication is that it says that getting drunk in itself satisfies MR, contrary to the principle that….

Answer 16

The AR and Mr must coincide

Question 17

In the defence of Intoxication, some may say that ___ ___ has overridden ___ principles

Answer 17

public policy

legal principles

Question 18

Criminal Justice and Immigration Act 2008 states that………..

Answer 18

for self-defence the D cannot rely on “any mistaken belief attributable to intoxication that was voluntarily induced.” to erase their MR.

Question 19

Does the criminal justice and Immigration Act 2008 go against anything?

Answer 19

Yes- the criminal law principle that someone must have MR to be convicted