LAWS1016 Negating Intent

Question 1

Intoxication Legislation

Answer 1

s428A definitions
s428B offence of specific intent table
s428C intoxication in relation to offences of specific intent
s428D intoxication in relation to other offences
s428E intoxication in relation to murder, manslaughter, and assault causing death
s428F intoxication in relation to the reasonable person test
s428G intoxication and the AR of an offence
s428H abolition of common law relating to self-induced intoxication.

Question 2

Definition of Self - induced intoxcation

Answer 2

s428A self induced intoxication = any intoxication that (a) is not involuntary (b) is not a result of fraud, sudden or extraordinary emergency, accident, reasonable mistake, duress or force, or (c) is not a result of prescription drugs by medical practitioners.

Question 3

Relevance of intoxication for offences of specific intent

Answer 3

S428C(1) for offences specific intent - evidence of self-induced intoxication can be taken into account in determining whether the person had the intent to cause the specific result,

but (2)(a) not if the accused resolved before becoming intoxicated to do the relevant conduct, or (b) became intoxicated to strengthen his resolve to do the relevant conduct.

Question 4

Relevance of intoxication for offences of basic intent

Answer 4

S428D for offences of basic intent, self-induced intoxication cannot be taken into account in determining whether the accused had the requisite MR.

Question 5

Relevance of intoxication and murder

Answer 5

s428E(1)(a): if a person is acquitted of murder on the basis that self-induced intoxication prevented them from forming an intent to kill or inflict GBH / foresee the probability of death (Grant), then that same evidence cannot be taken into account in determining whether the accused had the requisite MR for (unlawful and dangerous act) manslaughter or assault causing death under s25.

(Grant) reckless indifference murder is still an offence of specific intent.

Question 6

Intoxication and reasonable person and voluntariness.

Answer 6

S428F self-induced intoxication cannot be taken into account for any reasonable person tests.

S428G self-induced intoxication cannot be taking into account in determining whether relevant conduct (i.e. act causing death / other result) was voluntary.

Question 7

Mental Illness Progress

Answer 7

1. Can D prove mental illness defence under the (M’Naghten) rules on the BOP?
2. Can P can prove that the act was done with the requisite specific intent BRD?
3. Can D defence can prove the defence of SIAM (s23A) on the BOP?

(Hawkins) mental disorders that fall short of the (M’Naghten) rules (because D could not prove on the BOP), can still be used to negate specific intent, then prove SIAM.

Question 8

Intoxication and Self Defence

Answer 8

• (Sullivan) to suggest that he was so intoxicated he might have formed the requisite intent would contradict the allegation that he was acting in self defence.