Intoxication Flashcards
Not knowing the strength of your drink is still voluntary intoxication
Allen
Choosing to drink or take illegal drugs or legal drugs if you know the risk of an adverse reaction (Bailey) is …
Voluntary intoxication
Taking prescription drugs if you don’t realise the risk that you will have an adverse reaction is involuntary intoxication
Hardie
Soft drink spiked is involuntary intoxication
Ross v Lord Advocate
The leading case on voluntary intoxication is…
Majewski
The impact of voluntary intoxication on mens rea can be taken into account for a crime of….
Specific intent
The MR for a specific intent crime can only be satisfied by…
Intention
An example of a specific intent crime is..
Murder
Another example of a specific intent crime is…
s.18 OAPA 1861
The impact of intoxication on mens rea cannot be considered for a crime of…
Basic intent
The MR for a basic intent crime can be satisfied by something other than just intent, for example…
Recklessness
An example of a basic intent offence is…
Unlawful act manslaughter
Another example of a basic intent crime is…
s.47 OAPA 1861 - ABH
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….
Reckless for choosing to drink or take drugs.
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…
Mens rea
There must be evidence of a “high degree of intoxication”
DPP v Beard
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…
Manslaughter
He could potentially avoid responsibility for s.18 OAPA 1861 but he will remain responsible for…
s.20 OAPA 1861
Who took LSD killed his girlfriend, avoided liability for murder but remained responsible for manslaughter?
Lipman
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.
AG for NI v Gallagher
A drunken mistake is not a defence
O’Grady; Hatton
The impact of Involuntary intoxication on MR - where D didn’t choose to be drunk/take drugs - can be considered for….
All crimes, specific and basic intent as D wasn’t reckless as he didn’t choose to drink/take drugs.
With involuntary intoxication D must be so drunk he can’t form the…
Mens rea
If the D formed the MR despite being intoxication he will remain liable as a drunken MR is still MR
Kingston
Who drank homemade wine and said he didn’t realise the strength of the drink?
Allen
Who had his soft drink of coke spiked?
Ross v Lord Advocate
Who took his girlfriends Valium and then set fire to her flat - but he wasn’t aware he would have an adverse reaction?
Hardie
Who bought whiskey and a knife, killed his wife and tried to argue he didn’t have the MR?
AG for NI v Gallagher
Who thought they were being attacked and killed their ‘friends’ but made a mistake due to being intoxicated?
O’Grady; Hatton
Who went on a 48 hour drink and drugs binge then had a fight in a bar?
Majewski
Who took LSD then suffocated his partner as he thought she was a snake?
Lipman
Who was drugged by his business partner, then sexually assaulted a 15 year old boy?
Kingston
