Intoxication Flashcards
The availability of this defence is restricted to
public policy reasons
The two types of intoxication are
- Voluntary
2. Involuntary
Involuntary intoxication may lead to ____
Acquittal
Voluntary intoxication is rarely …….
ever allowed as a defence and when it is, it may result in conviction for less serious charges
In pleading involuntary intoxication, the D is claiming that….
they are not responsible for their condition
There are___ criticisms of intoxication
5
The 5 criticisms of intoxication REGARD:
- Distinction between basic and specific intent
- Intoxication’s relationship to other defences
- Mens rea
- Public policy
- Involuntary intoxication
General law takes a ____ approach but Intoxication takes a ____ approach to mens rea.
General law case?
subjective
objective
R v G and another
Majewski
the D will be guilty because they intoxicated themselves even if they haven’t recognised the risk.
The distinction between specific and basic intent offences can be blurry for some offences like the:
_____ _____ ______ Act
In the case of _____
Sexual assault under s3 Sexual Offences Act 2003
Heard
Attempted rape is a ____ intent crime but ____ is not
Specific
Rape
Voluntary intoxication is a defence to ____ ____ but not ___
Attempted rape
Rape
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.
s18
s20
Majewski rules
Some offences like ___ do not have a fall back defence which may mean the D walks free if they get to “choose” an offence.
Theft
Does the effect of ____ have an effect on the defence of ____
Case that raises question is?
intoxication, consent
Richardson and Irwin
A criticism of Intoxication is that it says that getting drunk in itself satisfies MR, contrary to the principle that….
The AR and Mr must coincide
In the defence of Intoxication, some may say that ___ ___ has overridden ___ principles
public policy
legal principles
Criminal Justice and Immigration Act 2008 states that………..
for self-defence the D cannot rely on “any mistaken belief attributable to intoxication that was voluntarily induced.” to erase their MR.
Does the criminal justice and Immigration Act 2008 go against anything?
Yes- the criminal law principle that someone must have MR to be convicted
