Intoxication (Paper 1) Flashcards
Two types of intoxication
Voluntary and Involuntary
Meaning of Voluntary Intoxication
It is D’s fault they are intoxicated
Case which drew a distinction between specific and basic intent crimes
Majewski
Specific intent crimes
Crimes in which the mens rea is intention only, such as murder, theft, section 18 GBH
Is Voluntary Intoxication available as a defence for specific intent crimes
Yes, only if D was so intoxicated they could not form the mens rea
Basic intent crimes
Crimes committed either intentionally or recklessly, such as assault, battery, ABH
Is Voluntary Intoxication available for basic intent crimes
No because the fact that D got intoxicated in the first place is evidence they were being reckless
Decision in Richardson & Irwin
Defence of voluntary intoxication may still be available for basic intent crimes but only if D would not have seen the risk of harm even if they had been sober
Meaning of Involuntary Intoxication
Not D’s fault they are intoxicated, e.g. they were spiked or suffered unexpected side effects
Ruling in Kingston
Involuntary Intoxication is available as a defence for specific and basic intent crimes, but only if D was so intoxicated they were unable to form the mens rea, ‘a drugged intent is still an intent’
Case which held that unexpected side effects of prescription drugs allows for involuntary intoxication
Hardie