MCD - Intoxication Flashcards
Definition
D drinks/takes drugs and then claims they cannot form the necessary men’s Rea for a crime and should not be responsible
Type of intoxication
Voluntary - D takes drugs/drink of own free will. Defence will fail.D cannot rely on the fact that they did not know the substance they were taking was stronger than they where (Allen)
Involuntary - D does not know they are taking drugs/alcohol. Defence may succeed if t can be proven that D did not form the necessary MR of crime due to effect of involuntary intoxication (coley). Ds drink was spiked with alcohol/drugs without D knowing or D takes drugs prescribed by doctor in accordance to instructions or D takes non dangerous drug although not prescribed to him in a non reckless way
Type of crime
Basic intent crime - any crime which can include recklessness. No defence for basic intent crimes=defence will fail. Voluntary intoxication is considered reckless, recklessness not enough for this defence (majewski)
Specific intent crime - only be a defence for SIC where the court believe that the D was so drunk, he was unable to form the necessary intention in which case they can convict of a lesser charge (Sheehan & Moore).anything from s18 GBH and above, also includes burglary and theft
Any exceptions
Intoxicated mistake - will not provide a defence to a crime of basic intent (Kingston). Will only provide a defence to SIC if they don’t form the MR before (lipman)
Intoxication and self defence - if drunken mistake is about self. Defence s76(5) criminal justice & immigration act 2008 = D will never have a defence to basic or specific intent crime (Hatton)
