Intoxication case cards

Question 1

R v Sheehan and Moore (1975)

Question 2

R v Hardie (1985)

Question 3

R v Lipman (1970)

Answer 3

Area: Intoxication
Element: LSD/ hallucinations
Facts: Defendant and his girlfriend had LSD trip and he believed there were snakes emerging so he stuffed a giant sheet down her throat killing her.
Principle: Could not form the mens rea of the offence so he was not guilty of murder (manslaughter)

Question 4

R v Kingston (1994)

Answer 4

Area: Intoxication
Element: Pedophile
Facts: Defendant had paedophile tendencies, and was drugged and filmed abusing a boy
Principle: Guilty of indecent assault as he has formed the mens rea for an offence

Question 5

DPP v Majewski (1977)

Answer 5

Area: Intoxication
Element: assaulted pub owner
Facts: Consumed large quantities of drugs and assaulted pub owner and police
Element: Reckless behaviour formed the necessary mens rea in theses offences, so he could not use the defence of intoxication

Question 6

DPP v Majewski (1977)

Answer 6

Area: Intoxication
Element: assaulted pub owner
Facts: Consumed large quantities of drugs and assaulted pub owner and police
Element: Reckless behaviour formed the necessary mens rea in theses offences, so he could not use the defence of intoxication