Intoxication - Paper 1 Flashcards
What are the two types of Intoxication?
Voluntary and Involuntary
What is the definition of Voluntary Intoxication?
It is D’s fault they were intoxicated, they voluntarily chose to drink alcohol or take drugs
What are basic intent crimes?
Crimes that can be committed intentionally or recklessly, e.g. Assault, Battery, S.47 ABH, S.20 GBH, Unlawful Act Manslaughter
What are specific intent crimes?
Crimes that can only be committed through intention, e.g. Murder, S.18 GBH, Theft, Robbery
What was the decision in Majewski?
The defence of voluntary intoxication is not available for basic intent crimes because the fact D was intoxicated is evidence of recklessness, so the crime is complete
What was held in Richardson & Irwin?
The defence of voluntary intoxication may be available for basic intent crimes if D could not have seen the risk, even if they were sober
What is Dutch Courage?
D takes drink or drugs to give themselves the strength or confidence to commit a crime
What was held in Gallagher?
Voluntary Intoxication is not available for Dutch Courage because D formed the mens rea for the crime before D started drinking
What is Involuntary Intoxication?
It is not D’s fault they were intoxicated, e.g. they were spiked
Can Involuntary Intoxication be used as a defence for specific and basic intent crimes?
Yes as long as D is so intoxicated that they could not form the mens rea for the offence
In which case did the phrase ‘a drunken intent is still intent’ originate?
Kingston
What was held in the case of Hardie?
Unexpected side effects of medication can be used for Involuntary Intoxication as long as D was not reckless in bringing about the result
