Intoxication (Paper 1) Flashcards

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1
Q

Two types of intoxication

A

Voluntary and Involuntary

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2
Q

Meaning of Voluntary Intoxication

A

It is D’s fault they are intoxicated

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3
Q

Case which drew a distinction between specific and basic intent crimes

A

Majewski

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4
Q

Specific intent crimes

A

Crimes in which the mens rea is intention only, such as murder, theft, section 18 GBH

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5
Q

Is Voluntary Intoxication available as a defence for specific intent crimes

A

Yes, only if D was so intoxicated they could not form the mens rea

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6
Q

Basic intent crimes

A

Crimes committed either intentionally or recklessly, such as assault, battery, ABH

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7
Q

Is Voluntary Intoxication available for basic intent crimes

A

No because the fact that D got intoxicated in the first place is evidence they were being reckless

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8
Q

Decision in Richardson & Irwin

A

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

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9
Q

Meaning of Involuntary Intoxication

A

Not D’s fault they are intoxicated, e.g. they were spiked or suffered unexpected side effects

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10
Q

Ruling in Kingston

A

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’

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11
Q

Case which held that unexpected side effects of prescription drugs allows for involuntary intoxication

A

Hardie

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