intoxication - defences Flashcards
what is intoxication?
under the influence of alcohol, drugs or other substances.
R v Lipman (1970)
the defendant and girlfriend had took LSD, the defendant had hallucinations and had killed his girlfriend.
-voluntary intoxication is classed as reckless behaviour, therefore he had the appropriate mens rea for manslaughter
what is voluntary intoxication?
where the defendant chooses to take intoxicating substances.
what is involuntary intoxication?
where the defendant does not know that they are taking an intoxicating substance, such as where soft drinks have been ‘spiked’
R v Kingston (1994)
if a defendant had formed the mens rea for an offence, involuntary intoxication cannot be a defence. in order for involuntary intoxication to be a defence, it must prevent the defendant from forming mens rea.
DPP v Majewski (1977)
voluntary intoxication may be used as a ‘defence’ in crimes of specific intent but not in crimes of basic intent.
what are specific intent crimes?
having to fully have intent and these are for crimes including; murder, theft, robbery, handling stolen goods and arson/criminal damage with intent.
what happens if the defendant is charged with a specific intent crime?
if a defendant is charged with a specific intent offence and there is no lesser charge, the defendant will be acquitted for lack of mens rea. if there is a lesser charge, the sentence is reduced.
what happens if the defendant is voluntarily intoxicated?
their conduct is already reckless and therefore, they have the required mens rea.
