Involuntary Intoxication Flashcards

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1
Q

What type of intoxication do the Majewksi rules apply to?

A

Voluntary

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2
Q

What is involuntary intoxication?

A

When the defendants drink is spiked with drugs or alcohol or they have an adverse reaction to prescribed drugs but they are unaware this would happen.

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3
Q

If you are voluntarily intoxicated, what type of crime needs to be committed for the defence of intoxication to be available to you?

A

It can be a specific or a basic intent crime

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4
Q

If you are involuntarily intoxicated and your defence of intoxication plea is successful what is the outcome?

A

An acquittal

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5
Q

For involuntary intoxication, what need to be proved?

A

That the intoxication negates the mens rea (that the defendant did not have the required mens rea)

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