intoxication (basic intent crime)

Question 1

intro ?

Answer 1

• only applicable to specific intent crimes
  -(caldwell) specific intent crimes do not include recklessness in mens rea

Question 2

firstly proven ?

Answer 2

-voluntarily intoxication where d has voluntarily taken drugs or drunk alcohol, taken drugs or other substances
-covers when d knows effect of prescribed drugs
- a partial defence will be successful be charged with lower offence
-needs to be assault, battery, ABH, GBH s.20

Question 3

secondly proven ?

Answer 3

-As in the case of Majewski, the D becoming intoxicated and committing a crime of basic intent is ‘a reckless course of conduct’
-therefore the D forms the men’s rea of the basic intent crime.

Question 4

exception ?

Answer 4

• established in (Richardson and Irwin)
  -in this case regardless of whether intoxicated or not if d did not form men’s rea
  -not liable as did not form MR