intoxication Flashcards
What is intoxication
Being under the influence of alcohol or drugs
Distinguish between basic and specific intent for voluntary intoxication
If the offence is basic then you are reckless and guilty
If it is specific intent then they use a fall back offence to convict
Cases needed for voluntary intoxication
DPP V Beard A-G for NI v Gallagher DPP V Majewski R v Harris R v Lipman R V O'Grady R v Hatton Jaggard v Dickman Sheehan and Moore Allen
Cases needed for involuntary intoxication
R v Kingston
Hardie
DPP V Beard
D raped and covered V’s mouth
If theyre so intoxicated that they couldnt form the mr then that should be taken into account
A-G for NI V Gallagher
D killed V while under the influence
Dutch courage cant take alcohol or drugs to give you the courage to go through with an offence
DPP V Majewski
Went on a 2 day bender and abused 4 officers
Your reckless by being voluntary intoxicated
R V Kingston
Penn intoxicated D to commit sexual actions on an unconscious 15 yr old boy
Drunken mr is still mr
R v Harris
D was depressed and abused alcohol and set a house in fire and endangered life
Alcohol induced phsychosis is a defence
R v lipman
Took drugs and stuffed 6 inches of bed sheet down girlfriends mouth suffocating her
Allows for fall back offences
R v O’Grady
D was drunk and thought friend attacked him but didn’t. D killed V
Mistaken belief not allowed in voluntary intoxication
R v Hatton
D killed V with sledgehammer
Can’t make a mistake of belief
Jaggard v Dickinson
D broke into a house thinking it was her friends but wasn’t
Can’t have mistaken belief
Sheehan and Moore
Poured petrol on a trampoline and set them a light
A drunken intent is still intent
Allen
D drank home made alcohol not knowing it’s strength
No matter the strength he knew it was alcohol
