Involuntary Intoxication A01

Question 1

how can a defendant become intoxicated

Answer 1

drink, drugs, solvents or a combination of these

Question 2

defined through common law, df must must become so intoxicated that_______

Answer 2

incapable of forming a mens rea - R v Sheehan and Moore

Question 3

voluntarily intoxicated

Answer 3

defence to specific intent crimes

Question 4

involuntarily intoxicated

Answer 4

defence to both specific and basic intent crimes. (no MR)

Question 5

R v Groak

Answer 5

df must provide evidence of the intoxication prosecution must prove beyond reasonable doubt they had the mens rea despite the intoxication

Question 6

availability and the effect determined on these 3 factors:

Answer 6

-the manner (was it voluntary or involuntary) -the level (this must be very high) -type of offence (was it basic intent or specific intent)

Question 7

R v Kingston

Answer 7

still be convicted if they formed the mens rea despite the effect of the drug, even in cases of being spiked.

Question 8

R v Allen

Answer 8

lack of knowledge about alcoholic strength is not enough for invol

Question 9

R v Bailey

Answer 9

taking their medication recklessly - may not get a full acquittal → charged with the corresponding BI crime

Question 10

R v Hardie

Answer 10

will not be deemed reckless in taking a soporific drug if unaware that it would have an unexpected effect

Question 11

duress

Answer 11

In cases of duress, forced intoxication will also be considered involuntary