Intoxication Defence Flashcards by devilslovehotdogs Unknown

What are the 3 factors for intoxication to be considered as a defence

The manner in which D became intoxicated
The level of intoxication
The type of offence committed whilst intoxicated

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What is a specific intent offence

Offences which require specific intention for MR (eg murder, theft)

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What is a basic intent offence

Offences for which recklessness is sufficient for MR (eg assault and battery)

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What type of offence can voluntary intoxication negate

Specific intent

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What case shows that voluntary intoxication can negate the MR for specific intent offences

DPP v Beard

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What did Lord Birkenhead state in DPP v Beard for voluntary intoxication

‘If he was so drunk that he was incapable of forming the intent required’, he could use intoxication as a defence

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What is the case example for D being so drunk (voluntary) that he could not form MR

Sheenan and Moore

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What is the case example of D having the MR despite being voluntarily intoxicated

Gallagher

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Why does being voluntarily intoxicated NOT negate the MR for basic intent offences

Becoming intoxicated is considered reckless

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What is the case example for voluntary intoxication NOT negating MR for a basic intent offence

Majewski

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What is the test for involuntary intoxication

Did D have the required MR when he committed the offence

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What is are 2 case examples for D having the MR despite being involuntarily intoxicated due to being spiked

Kingston
Allen

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What is the case example of being involuntarily intoxicated due to prescription drugs

Bailey

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What is the case example for D having an unexpected reaction to sleeping (soporific) drugs

Hardie

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What country says that taking an intoxicating substance under duress is involuntary

USA

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What case shows that the trial judge is not obligated to direct the jury about the possibility of intoxication unless D raises it himself

Groark

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What case shows that D cannot use ‘intoxicated mistake’ for basic intent offences

Lipman

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What case shows that there is no defence for D making a mistake as to the need for self-defence due to intoxication

O’Grady

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What type of crimes use intoxication as a defence (Intro)

Fault-based crimes (crimes that require MR)

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What does legal principle say about intoxication defence (Intro)

A D without MR should not be criminally responsible

What does Professor Ashworth state about intoxicated criminals in terms of public policy (Intro)

They should not have an ‘easy route to impunity’

Who is the burden of proof on to disprove the intoxication (Intro)

The burden of proof is on the prosecution

What does it mean if D is voluntarily intoxicated (AO1)

D chose to take the intoxicating substance

Why can voluntary intoxication not work for basic intent crimes (AO1)

Being voluntarily intoxicated is reckless

What did 'Lord Birkenhead' state (AO1)

'If D was so drunk he was incapable of forming the intent required, he could not be convicted of a crime'

What was stated in 'Gallagher' (AO1)

Drunk intent is still intent

What does it mean to be involuntarily intoxicated (AO1)

D did not choose to take the intoxicating substance

What type of crimes does the intoxication defence negate the MR on (AO1)

Both specific intent and basic intent crimes

What is the test for involuntary intoxication (AO1)

Did D have the required MR when he committed the offence

What are the 4 ways D can be involuntarily intoxicated with the case(s) for each (AO1)

1. D was spiked (Kingston, Allen) 2. D took prescription drugs (Bailey) 3. D had an unexpected reaction to soporfic drugs (Hardie) 4. D took the intoxicating substance under duress (USA precedent)

What are the 4 points for Intoxication evaluation (AO3)

1. Rules do not work for all offences 2. Level of intoxication 3. Leniency for involuntary intoxication 4. Decision in Kingston

What is the evidence for the rules not working for all offences (AO3)

Defence is allowed for murder but not manslaughter

What is the explanation for the rules not working for all offences (AO3)

Murder is downgraded to manslaughter

What is the link back to the question for the rules not working for all offences (AO3)

Does balance the law to some extent as manslaughter is still punished, but some criminals can use this as an escape route

What are the 2 examples of evidence for level of intoxication (AO3)

DPP v Beard looks at whether D was ‘so intoxicated that they could not form the MR’ AND Gallagher states a drunken mistake is still an intent

What is the explanation for level of intoxication (AO3)

Janet Loveless says 'if D is so intoxicated they cannot form specific intent – then they can’t form recklessness either!'

What is the link back to the question for level of intoxication (AO3)

Balances the law to a large extent as people who are intoxicated should be held accountable for actions unless completely unable to form intent.

What is the evidence for leniency for involuntary intoxication (AO3)

D is seen as a victim themselves as they may have been spiked or had unwanted effects from prescription

What is the explanation for leniency for involuntary intoxication (AO3)

BUT decision in Hardie was criticised by Law Commission – taking another's medication is reckless

What is the link back to the question for leniency for involuntary intoxication (AO3)

Does NOT balance to some extent as Hardie’s actions were still reckless yet he was able to use the defence – leniency allows some offenders ‘off the hook’

What is the evidence for the decision in Kingston (AO3)

Even though Kingston was a ‘victim’ himself as he was ‘spiked’, he still had MR

What is the explanation for the decision in Kingston (AO3)

Professor Clarkson argues that he should have been able to use the defence as he was a ‘victim’. The HOL disagreed on public policy grounds

What is the link back to the question for the decision in Kingston (AO3)

Does strike a balance as the nature of the crime was severe and D did to some extent form the MR

What are 2 potential reform's for the intoxication defence

1) Ensure all specific intent crimes have a corresponding basic intent crime 2) Some argue it should be a full defence for all offences where the defendant is incapable of forming any men's rea

What did the Butler Committee suggest as a reform

The Butler Committee suggested creating a new offence of 'dangerous intoxication' with a sentence of 1 year imprisonment for the first offence, rising to 3 years for further offences

What is the name of the report the Law Commission made as a reform for Intoxication

'Intoxication and Criminal Liability' 2009 Report

What did the Law Commission suggest as a reform in the 'Intoxication and Criminal Liability' 2009 Report

1) abolish the specific/basic intent distinction, but keep the voluntary/involuntary distinction 2) when intoxication is raised, it will be presumed to be voluntary intoxication unless the defence can prove they were involuntarily intoxicated on the balance of probabilities

What is the conclusion of the evaluation for Intoxication

Generally, the defence of intoxication does strike a fair balance between legal principle and public policy This is due to the fact that most of the law in this area is common law so it can be altered to suit changing social attitudes.