intoxication (specific intent crime)

Question 1

intro ?

Answer 1

• only applicable to specific intent crimes
  -(caldwell) specific intent crimes do not include recklessness in mens rea

Question 2

firstly proven ?

Answer 2

-voluntarily intoxication where d has voluntarily taken drugs or drunk alcohol, taken drugs or other substances
-covers when d knows effect of prescribed drugs
- a partial defence will be successful be charged with lower offence
-needs to be murder, gbh s.18, theft and robbery

Question 3

secondly proven ?

Answer 3

-d was so intoxicated that he didnt form a mens rea (sheeran v moore)
-drunken intent is enough to form mens rea as in beard
-if the d whilst intoxicated still forms mens rea liable for full offence
-if d use ‘dutch’ courage to commit crime after forming mens rea the defence not succesful (AG for NI v gallagher)