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A Level Law > Intoxication > Flashcards

Intoxication Flashcards

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1
Q

Not knowing the strength of your drink is still voluntary intoxication

A

Allen

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2
Q

Choosing to drink or take illegal drugs or legal drugs if you know the risk of an adverse reaction (Bailey) is …

A

Voluntary intoxication

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3
Q

Taking prescription drugs if you don’t realise the risk that you will have an adverse reaction is involuntary intoxication

A

Hardie

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4
Q

Soft drink spiked is involuntary intoxication

A

Ross v Lord Advocate

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5
Q

The leading case on voluntary intoxication is…

A

Majewski

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6
Q

The impact of voluntary intoxication on mens rea can be taken into account for a crime of….

A

Specific intent

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7
Q

The MR for a specific intent crime can only be satisfied by…

A

Intention

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8
Q

An example of a specific intent crime is..

A

Murder

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9
Q

Another example of a specific intent crime is…

A

s.18 OAPA 1861

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10
Q

The impact of intoxication on mens rea cannot be considered for a crime of…

A

Basic intent

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11
Q

The MR for a basic intent crime can be satisfied by something other than just intent, for example…

A

Recklessness

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12
Q

An example of a basic intent offence is…

A

Unlawful act manslaughter

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13
Q

Another example of a basic intent crime is…

A

s.47 OAPA 1861 - ABH

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14
Q

Intoxication can’t be considered for a crime of basic intent no matter how drunk the MR was because the D isn’t assumed to be….

A

Reckless for choosing to drink or take drugs.

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15
Q

If the crime is one of specific intent the defence doesn’t automatically work, the D must be so drunk he can’t form the…

A

Mens rea

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16
Q

There must be evidence of a “high degree of intoxication”

A

DPP v Beard

17
Q

If there is an associated basic intent offence the D will remain responsible for that, as he is assumed to be reckless for drinking/taking drugs. So he could avoid liability for murder but he will remain responsible for…

A

Manslaughter

18
Q

He could potentially avoid responsibility for s.18 OAPA 1861 but he will remain responsible for…

A

s.20 OAPA 1861

19
Q

Who took LSD killed his girlfriend, avoided liability for murder but remained responsible for manslaughter?

A

Lipman

20
Q

If the D drinks to form the Dutch Courage to commit a crime, he won’t avoid liability as he formed the MR before being drunk.

A

AG for NI v Gallagher

21
Q

A drunken mistake is not a defence

A

O’Grady; Hatton

22
Q

The impact of Involuntary intoxication on MR - where D didn’t choose to be drunk/take drugs - can be considered for….

A

All crimes, specific and basic intent as D wasn’t reckless as he didn’t choose to drink/take drugs.

23
Q

With involuntary intoxication D must be so drunk he can’t form the…

A

Mens rea

24
Q

If the D formed the MR despite being intoxication he will remain liable as a drunken MR is still MR

A

Kingston

25
Q

Who drank homemade wine and said he didn’t realise the strength of the drink?

A

Allen

26
Q

Who had his soft drink of coke spiked?

A

Ross v Lord Advocate

27
Q

Who took his girlfriends Valium and then set fire to her flat - but he wasn’t aware he would have an adverse reaction?

A

Hardie

28
Q

Who bought whiskey and a knife, killed his wife and tried to argue he didn’t have the MR?

A

AG for NI v Gallagher

29
Q

Who thought they were being attacked and killed their ‘friends’ but made a mistake due to being intoxicated?

A

O’Grady; Hatton

30
Q

Who went on a 48 hour drink and drugs binge then had a fight in a bar?

A

Majewski

31
Q

Who took LSD then suffocated his partner as he thought she was a snake?

A

Lipman

32
Q

Who was drugged by his business partner, then sexually assaulted a 15 year old boy?

A

Kingston

A Level Law (3 decks)

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