Intoxication - defence Flashcards
What is the difference between a basic intent and specific intent crime?
Basic intentrefers to offences where eitherintentionor recklessness will satisfy mens rea.
Specific intentrefers to offences whereintentionis necessary to satisfy mens rea.
Is alcohol a non-dangerous drug?
No! It is dangerous (R v Hardie)
What is the question to ask if D was voluntary intoxicated and committed a basic intent crime?
Would D have formed the mens rea if sober? (R v Coley)
What is the question to ask if D was voluntary intoxicated and committed a specific intent crime?
Defence of intoxication can be present
Did D still form the necessary mens rea? (R v Pordage)
Drunken intent is still intent (Kingston)
What is the question to ask if D was involuntary intoxicated?
Defence of intoxication can be present
Did D still form the necessary mens rea? (R v Pordage)
Drunken intent is still intent (Kingston)
How can intoxication influence self-defence?
If a defendant makes a drunken mistake as to the need to use self-defence, they cannot rely on that mistake.
How can intoxication influence loss of control?
Intoxication is no bar to a plea of loss of control
- D’s drug or alcohol addiction can be taken into account in assessing the magnitude of the qualifying anger trigger if D was taunted about the addiction.
- Normal person test- an intoxicated person is not precluded from using the defence. If D is addicted to drugs or alcohol this will be a characteristic given to the normal person but the normal person will still have normal levels of tolerance and self-restraint and be sober(Asmelash)
How can intoxication influence diminished responsibility?
Voluntary intoxication is not, on its own, capable of being relied upon for diminished responsibility (Dowds)
- If the defendant has an abnormality of mental functioning (AMF)andis voluntarily intoxicated it will affect diminished responsibility(Dietschmann)
○ AMF must provide an explanation for D’s conduct, even if it is not the only cause- alcohol can be another reason.
- If the defendant’s abnormality of mental functioningarises fromthe alcohol dependency syndrome (‘ADS’).
How does intoxication influence consent?
Will not affect consent.
Jury will take into account whether D believes that V consented (even if D wrongly belied it due to intoxication)
How does intoxication influence statutory defences?
Where there is a statutory defence that allows for an honest belief, the defendant will be able to use this defence even if their belief is due to their voluntary intoxication.
