Intoxication Cases

Question 1

As a general rule D will not be able to rely on the defence of intoxication if he has chosen to put himself in that state and then committed a crime

Answer 1

DPP v Beard 1920

Question 2

Can be a defence for specific intent crimes. Threw petrol over a tramp and set him on fire. Too drunk to form express or implied intention

Answer 2

Sheehan & Moore 1975

Question 3

No defence if D had drunk to get “Dutch courage”. A drunken intent is still an intent

Answer 3

AG for N. Ireland v Gallagher 1963

Question 4

If defence is used against specific intent crime, usually D will still be charged with a crime of basic intent. Fallback principle

Answer 4

Bratty v AG for N. Ireland

Question 5

For basic intent, voluntary intoxication cannot provide a defence

Answer 5

DPP v Majewski 1977

Question 6

D was a drug addict who took LSD. He hit V over the head and suffocated her by forcing a sheet into her mouth. D said he had a bad trip and had no intention to hurt V. Not guilty of murder but found guilty of involuntary manslaughter

Answer 6

R v Lipman

Question 7

If D is rendered intoxicated by another persons actions, then he is not responsible for what he does

Answer 7

R v Pearson

Question 8

Defence available if a prescribed drug has an unexpected effect of making D intoxicated

Answer 8

R v Bailey

Question 9

If a drug is commonly known to have a soporific or sedative effect eg tranquillisers then D’s intoxication will be seen as involuntary

Answer 9

Hardie 1985

Question 10

Taken by D without their knowledge

Answer 10

R v Allen

Question 11

D had homosexual tendencies. Was drugged by another man and left in room with 15 year old boy who he assaulted. D claimed to have no knowledge of doing it but admitted that intended to carry out the act but in ordinary circumstances would have restrained himself. Convicted a drunken intent is still and intent

Answer 11

R v Kingston

Question 12

Cannot rely on intoxicated mistake for basic intent crime. Man had sex with woman he believed to be his wife, was actually babysitter

Answer 12

R v Fotheringham

Question 13

If the mistake is about self defence, the defendant will never have a defence.

Answer 13

Hatton 2005

Question 14

D and V got drunk and fell asleep. D awoke to what he thought was V attacking him, he tried to defend himself by hitting V with and ash tray. D awoke next morning to find V dead. Defence of mistake not allowed due to the voluntary intoxication

Answer 14

R v O’Grady 1987