Intoxication Evaluation

Question 1

Common law

Answer 1

Goes against separation of powers
Created so one party doesn’t have too much power Monstequinn
Go outside of designated role of parliaments job by creating laws
Creates inconsistency
Reform: create list so clear guidance to follow so only APPLY

Question 2

No distinction between drugs and alchol

Answer 2

Alcohol legalised while drugs may be illegal so why is severity not reflected? Creates inconsistency
Reform: put under separate branches

Question 3

Provides defence for voluntary intoxication because it will always fail

Answer 3

Ensures severity matches punishment as voluntary is reckless and thus shouldn’t be taken lightly by providing crime with defence lowering sentence which would undermine severity. Avoids injustices and creates severity

Question 4

No clear level of intoxication because it introduced subjectivity

Answer 4

Different interpretations on when Mr could be formed. Subjectivity rather than application as there are no specified rules to apply. May lead to different outcomes on whether fails or succeeds.
Reform: specification on levels of intoxication