Intoxication (AO2) Flashcards
What are the different sections of intoxication application?
-Voluntary intoxication
-Voluntary and specific intent crimes
-Voluntary and basic intent crimes
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-Involuntary intoxication
-Involuntary and basic and specific intent crimes
-Apply if relevant
What would you apply for voluntary intoxication?
-Explain how the D became voluntarily intoxicated…
-Identify specific intent crimes…
-Identify basic intent crimes…
What would you apply for voluntary and specific intent crimes?
-Explain why D was so intoxicated they couldn’t form MR for specific intent crime
-Fall back principle
-Explain that if the D unable to form the MR for the specific intent crime, courts will down grade the crime to the basic intent crime alternative
What would you apply for voluntary and basic intent crimes?
-Explain why D was reckless in becoming intoxicated
-Explain recklessness not enough to satisfy MR for basic intent crime, defence not available
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-D may be able to claim defence to specific intent crime, but this will be downgraded to basic intent alternative
-Voluntary intoxication not a defence for basic intent crimes
-D would be guilty of basic intent crime and not the specific intent one
What would you apply for involuntary intoxication?
-Explain how D involuntarily intoxicated?
-Identify specific intent crimes
-Identify basic intent crimes
What would you apply for involuntary and basic/specific intent crimes
Explain why D has/hasn’t formed mens rea for the crime…
What would you apply for apply if relevant?
-Spiking - explain why D has been spiked
-Soporific drugs - explain what soporific drug is, was D reckless in taking, why was D unaware of likely effect or not?
-Prescribed drugs - explain what prescribed drug is, was D reckless in taking the drug, was D aware of likely effect of drug?
