intoxication BRIEF

Question 1

what are specific intent offences

Answer 1

generally those where mens rea is intent only

Question 2

what are basic intent offences

Answer 2

generally those where mens rea includes recklessness

Question 3

Sheehan and moore principle

Answer 3

voluntarily intoxication defence to specific intent offence provided d is so intoxicated he has not formed the mens rea

Question 4

AG for northern Ireland v Gallagher princope

Answer 4

where d has necessary MR despite his voluntary intox, he is guilty of specific intent offence

Question 5

MAJEWSKI principle

Answer 5

voluntary intox not a defence to basic intent- d reckless in getting intoxicated- has mr for basic intent offence

Question 6

Kingston principle

Answer 6

involuntary intox not a defence where d had necessary mens rea

so even though d wouldn’t have committed offence without intox lowering his resistance to committing offence

Question 7

hardie principle

Answer 7

where d didn’t have necessary MR due to involuntary intox, wont be guilty of specific/basic intent offence

Question 8

Voluntary intoxication

Answer 8

D has chosen to take the intoxicating substance

Question 9

Involuntary intoxication

Answer 9

Where d did not know he was taking an intoxicating substance