Intoxication Defence Flashcards
Voluntary intoxication and specific intent crimes
Unable to form MR
Sheehan and Moore
Lipman
Voluntary Intoxication and specific intent crimes
A drunken intent is still an intent
Kingston
Voluntary Intoxication and specific intent crimes
Dutch courage
AG Ref Northern Ireland v Gallagher
Voluntary Intoxication and basic intent crimes
Not provide a defence
Majewski
Involuntary Intoxication and basic intent crimes
Only be a defence if no MR can be found
Kingston
Involuntary Intoxication and basic intent crimes
Prescribed drugs/not reckless to becoming intoxicated
Hardie
Involuntary Intoxication and basic intent crimes
D does not realise strength
Allen
Intoxication and Drunken Mistakes
Mistake failed
R v O’Grady
Intoxication and Drunken Mistakes
Mistake if honesty held could still be valid
R v Hatton
Intoxication and Drunken Mistakes
Section for ‘does not enable d to rely on any mistaken belief’
S67(5) Criminal Justice and Immigration Act 2008
Intoxication and Drunken Mistakes
Exception to S76(5) CJaI 2009
Criminal Damage
Jaggard v Dickinson
definition of Criminal Justice Act and Immigration Act 2008 (s76(5))
does not enable d to rely on any mistaken belief attributable to intoxication that was voluntarily induced