Intoxication - Invol Msl

Question 1

Allen

Answer 1

Voluntary Intoxication (D drank homemade wine, unknown to be strong and committed burglary and sexual assault)

Question 2

Gallagher

Answer 2

(‘Dutch Courage’ D wanted to kill wife so drank whiskey to give him self courage to do so - No defence as MR formed before intoxication)

Question 3

Majewski

Answer 3

Basic Intent Offence + Vol Intoxication = No defence (D took drugs and went into a pub for drinks and got into a fight)

Question 4

Kingston

Answer 4

Specific Intent Offence + Invol intoxication = Defence allowed (D was involuntarily drugged by friends and committed sexual assault)

Question 5

Hardie

Answer 5

Basic Intent Offence + Invol Intoxication = Defence allowed (D given calming drug from girlfriend and set fire to wardrobe)

Question 6

Lipman

Answer 6

Fall-back offence e.g. S.18 falls back to S.29 (D killed girlfriend while on LSD, charged with murder and fell to UAM)