Intoxication Structure Flashcards
Intoxication is a defence, when will it work?
When it negates D’s mens rea. To establish this we must work out;
Was the intoxication voluntary or involuntary?
Is the offence D’s charged with basic or specific intent
Define voluntary intoxication?
Where D has chosen to take an intoxicating substance eg. illegal drugs/alcohol.
Regarded as voluntarily intoxicated if D knows affects of prescribed drugs will make him intoxicated
Define involuntary intoxication?
Where D is not aware that he is taking an intoxicating substance eg. drink being spiked, unusual affect of prescribed drug.
Voluntary intoxication and specific intent offences?
What is still intent in these cases?
Can negate mens rea for a specific intent offence - the fact D intoxicated himself might make him unable to form the required mens rea. (Lipman - Murder to Manslaughter/ Sheenan and Moore)
Gallagher - drunken intent is still intent - If D has the mens rea despite being intoxicated
Voluntary intoxication and basic intent offences?
Voluntary intoxication will not be a defence to basic intent offences as D will always have been reckless in becoming intoxicated and this can be transferred to satisfy the mens rea of the crime (Majewski).
Richardson and Irwin - If D would not have realised the risk to V even if they were sober then D should not be found guilty.
Involuntary intoxication and specific intent?
Need to establish if D had the mens rea at the time of committing the offence.
If D had the mens rea of the specific intent offence, he will be guilty. (Kingston)
Involuntary intoxication and basic intent offences?
If D did not have the necessary intent, he will not be liable. When D is involuntarily intoxicated he has not been reckless in becoming intoxicated. If D has not been reckless in the offence either, then he will not have the mens rea required and he will not be found guilty. (Hardie)
