Intoxication- mental capacity defences Flashcards
What is the definition?
A defendant is so intoxicated that they are unable to form the mens rea for the offence. A defendant can become intoxicated voluntarily or involuntary through consumption of alcohol or drugs
What is a specific intent offence?
Those that are satisfied through intention alone
eg. murder, s18 GBH, theft
What is a basic intent offence?
Those that are satisfied though intent or recklessness
eg. mansluaghter, assault
What is an intoxicated state?
The D must be so intoxicated that they are unable to form the mens rea of the offence
What are the rules of voluntary intoxication and specific intent offences?
When a D commits a specific intent offence then this defence will be available because they are too intoxicated to form the mens rea
(DPP V Beard)
However where the D has formed the mens rea the drunken intent is still intent ( R V Sheehan and Moore)
Where a D is charged with a specific intent offence and a basic intent alternative is available it will be substituted
What is the rules with voluntary intoxication and basic intent?
The D will not be able to rely on intoxication where they have became voluntarily intoxicated and committed a crime of basic intent as they will be regarded as being reckless. (R V Majewski )
What is the rule with involuntary intoxication?
Where a D has became involuntarily intoxicated either though being spiked or unexpected side effects from a prescribed drug and have committed a crime of basic intent or specific intent the defence will be available ( R V Kingston)
