Intoxication A01

Question 1

Intoxication

Answer 1

Intoxication is a common lae defence where the D is claiming that their mental capacity for the offene is not present, due to the consumption of an intoxicating substance nameltdrink or drugs.

Question 2

Voluntary or Involuntary?

Answer 2

Firstly, we need to determine whether or not, the D was intoxicated voluntarily or involuntarily.
Voluntary intoxication is where the D choose to intoxicate themselves. Involuntary intoxication is where the D did not choose to be in the intoxicated state.

Question 3

Second Criteria

Answer 3

The second criteria for this offence of voluntary intoxication is whether or not the D has committed a specific intent or basic intent crime.
A specfic intent crime is where the D has an aim/desire for the offence, for example, Murder / S.18 GBH and Property offences.
A basic intnt crime is when recklessness satisfies the MF of the offence, this is when the D forsees a risk but takes it anyway. Some examples are: Assault, Battery, S.47 ABH and S.20 GBH

Question 4

Outcome

Answer 4

The outcome of voluntary intoxication for specific intent crimeis that it is a partial defence for murder and S.18 GBH and a complete defence to property offences. It is no defence for basic intent crimes such as S.47 ABH.

Question 5

Sheehan V Moore and R V Lipman

Answer 5

In Sheehan V Moore and R V Lipman the D’s voluntarily ntoxicated themsleves and killed theV’S. In both cases the D’s were charged with manslaughter as opposed to murder as drunken intent is still intent therefore could not escaple liability.

Question 6

NI Gallagher

Answer 6

In NI Gallagher the D was not able to use the defnece of intoxication for the murder of his wife becuase he had the intention to kill her before he took the drink. Dutsch Courage will not allow a defence for intoxication.

Question 7

DPP V Majewski

Answer 7

In DPP V Majewski the D commiitted numerous basic intent coffence (ABH and Assault), however he was unable to use the defence as the courts held that he was reckless as when taking the drink or drugs intentionally, therefore satisifed the MR for those offences.

Question 8

Involuntary intoxication

Answer 8

When using the defence for involuntary intoxication, the concern is whether or not the D was able to form the MR for the offence committed as opposed to the type of offence committed.

Question 9

Kingston

Answer 9

In kingston, the D was unable to use the defence as he was already a known paedophile so was likely to commit the offence regardless of th intoxicating sbstance.