Intoxication

Question 1

Beard

Answer 1

Appellant was intoxicated and raped a 13 year old girl. She died of suffocation.
Ratio: if they are so intoxicated they can’t form the MR, that should be taken into account that you have the MR.

Question 2

A-G for NI v Gallagher

Answer 2

Had aggressive outbursts when drunk. Bought whiskey and knife and killed his wife.
Ratio: you form the MR when the whiskey and the knife was bought.

Question 3

DPP v Majewski

Answer 3

Appllant took lots of drugs over 48 hours. He started multiple fights including 4 with police officers.
Ratio: if you are vol intoxicated and reckless you have the MR

Question 4

R v Kingston

Answer 4

Penn took a padeophilliac man and drugged a boy. Both took part in sexual acts with the boy.
Ratio: even if you are invol intoxicated you can still demonstrate the MR.

Question 5

R v Harris

Answer 5

Set fire to semi detached property.

Ratio: alcohol includes psychosis whether they are vol intox that he submitted to previously lead to his recklessness.

Question 6

R v lipman

Answer 6

Appellant took LSD. He thought he was going to the centre of the earth, while in this state he killed a girl.
Ratio: intox could be used to demonstrate that he lacked the MR for murder as murder is a specific intent crime.

Question 7

R v O’Grady

Answer 7

He was hitting his friend in the face while they slept:
Ratio: d is not entitled to rely, so far as self defence is concerned, upon a mistake of fact which has been induced by vol.

Question 8

R v Hatton

Answer 8

Appellant battered V to death with a sledgehammer, the victim hit him.
Ratio: Defence of having killed by virtue of mistake which arose from self induced intoxication should have been allowed.

Question 9

Jaggard v Dickinson

Answer 9

Was on a night out and had no money. Walked into friends house with no consent, broke into the wrong house.
Ratio: D cannot rely on mistake induced by vol intox where the crime is one of basic.

Question 10

Sheehan and Moore

Answer 10

2 drunk friends poured petrol on man and set him alight, causing him to die.
Ratio: A drunken intent is still intent- whether D formed the MR and was capable, it was whether they actually formed it.

Question 11

Allen

Answer 11

Drank home made wine and committed sexual assault.

Ratio: Sexual assault is a basic intent offence- defence is available.

Question 12

Hardy

Answer 12

D is angry and takes something which makes him more angry, so sets fire to a wardrobe.
Ratio: Soporific effect.