intoxication final time fam Flashcards
what is the common law defence of intoxication
- inability to form mens rea due to alcohol drugs or other substances
heard
what is the result of succfessufly raising involuntary intoxication
full acquittal as its a. complete defence
who decides if evidence goes to jury
- judge decides if theres enough evidence to go to em
groark
when is intoxication a defence
when the D is unable to form mr because of intoxication
what happens if prosecution proves d had mr
- can’t use intoxication as defence ,
why is intoxication only allowed as a defence in limited cases
- due to public policy
it would be morally wrong to generally allow it
what is involuntary intoxication
when D didnt voluntarily take intoxicating substance
can prescribed medicine give rise to involuntary intoxication
- yes if its taken as directed and has an unpredictable effect
hardie
when is there no defence for involuntary intoxication
- if D had any awareness of intoxication
allen
what is voluntary intoxication
- where d took substance voluntarily , that turnt out stronger or more dangerous than expected
what is the different between specific and basic intent crimes
- specific needs intent e.g murder theft
- basic = needs recklessness e.g abh and manslaughter
what does beard say bout intoxication and mens rea
- if D was so drunk and couldn’t form intent , can’t be convicted of a specific intent crime
what does Gallagher say about dutch courage
- if D forms intent while sober and gets drunk to follow through , intoxication not available
can intoxication be defence to basic intent crimes
no, as its considered reckless behaviour
majewski
what is the rule for intoxication and mistake
- mistake may be defence for specific intent , if it prevents mr from forming , but not for basic
what if D didnt realise the strength of the intoxicant
- can still work only if they didnt have intent
what case is an exception for intoxicated mistake
- jaggard v dickinson under s5 criminal damage age 1971
how doe intoxication relate to insanity
can’t be used unless it leads to alcholosim
how does intoxication relate to automatism
can’t be used if its recklessly self induced
can a drunken mistake justify self defence
- no , r v hatton 2005
what does s.76.5 criminal justice and immigration act say about intoxicated belief
-D can’t rely on mistaken belief due to voluntary intoxication
what case illustrates mistaken belief due to intoxication and paranoia
- taj 2018
- intoxicated state= triggered paranoia = no defence
