Involuntary intoxication and other defence Flashcards
What is the law regarding insanity and intoxication
Intoxication cannot amount to insanity but alcoholic abuse can lead to alcoholism which can be classed as a disease of the mind.
So when will intoxication produce insanity
it will as defined in the M’Naghten rules then it applies
Automatism and intoxciation
R V Sullivan stated that automatism did not apply to BIC when self-induced when voluntarily consuming drink or drugs as in Lipman
Therefore what can D not argue for automatism
he was so intoxicated he became an automaton if the intoxication was voluntary
DR and intoxication
If D si addicted to drugs or is an alcoholic than this can amount to an “abnormality of mental functioning”- R V Tandy
But D would have to show his alcoholism is so bad that his brain had been injured of that his drinking was now entirely involuntary as in Gittens and Wood
Mistake and inxtocation
If D is mistaken about a key fact because he is intoxicated then it depends on the mistake as to whether he can have a defence or not
When can D have a defence of an intoxicated mistake
for a SIC offence
when can you not reply on a defence of intoxicated mistake
A BIC offence as in Fotheringham
Fotheringham case facts
a middle age man had been out drinking with his wife and came back home. He then raped the babysitter believing her to be his wife.
In 1998 rape was a BIC so he was found guilty
Why is the law like it is on intoxicated mistake
To reflect public policy and the need to protect society
What is the exception to intoxicated mistake
When D’s mistaken belief caused through voluntary intoxication would be allowed for s.5 of the Criminal Damages Act as in Jaggard V Dickinson
Self defence and intoxication and mistaken belief
If the mistake is about the self defence then D will never have the defence regardless of BIC or SIC
Which case said there could never be a defence of self defence when a mistake had been made even if it was SIC
O’Grady:
D and friend got drunk. He thought friend was attacking him and hit him with an ash tray. He awoke to find him dead.
Te defence was not allowed because the mistake was due to voluntary intoxication
Which other case indicated that there would be no defence of self defence for a intoxicated mistake
Hutton:
D drank over 20 pints and went to V’s flat. D found V dead from injuries from a sledgehammer. D could not remember what had happened.
Which act made the decisions from Hutton and O’Grady statourtory which makes it clear that a mistaken belief caused through D’s voluntary intoxication cannot use the defence or self defence
s76(5) The Criminal Justice and Immigration act
