Intoxication Defence Flashcards

1
Q

Voluntary intoxication and specific intent crimes
Unable to form MR

A

Sheehan and Moore
Lipman

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2
Q

Voluntary Intoxication and specific intent crimes
A drunken intent is still an intent

A

Kingston

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3
Q

Voluntary Intoxication and specific intent crimes
Dutch courage

A

AG Ref Northern Ireland v Gallagher

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4
Q

Voluntary Intoxication and basic intent crimes
Not provide a defence

A

Majewski

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5
Q

Involuntary Intoxication and basic intent crimes
Only be a defence if no MR can be found

A

Kingston

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6
Q

Involuntary Intoxication and basic intent crimes
Prescribed drugs/not reckless to becoming intoxicated

A

Hardie

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7
Q

Involuntary Intoxication and basic intent crimes
D does not realise strength

A

Allen

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8
Q

Intoxication and Drunken Mistakes
Mistake failed

A

R v O’Grady

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9
Q

Intoxication and Drunken Mistakes
Mistake if honesty held could still be valid

A

R v Hatton

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10
Q

Intoxication and Drunken Mistakes
Section for ‘does not enable d to rely on any mistaken belief’

A

S67(5) Criminal Justice and Immigration Act 2008

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11
Q

Intoxication and Drunken Mistakes
Exception to S76(5) CJaI 2009
Criminal Damage

A

Jaggard v Dickinson

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12
Q

definition of Criminal Justice Act and Immigration Act 2008 (s76(5))

A

does not enable d to rely on any mistaken belief attributable to intoxication that was voluntarily induced

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