mental capacity defences: intoxication

Question 1

what is intoxication?

Answer 1

occurs when a person chooses to take an intoxicant or is unaware when they have consumed an intoxicant, which results in their decision making powers being impaired

Question 2

what are specific intent offences?

Answer 2

those which cannot be satisfied through recklessness e.g murder, S18 GBH

Question 2

what does the type of intoxication defence depend on?

Answer 2

• type of intoxication
• possibly whether the offence is one of specific intent or basic intent

Question 3

what are basic intent offences?

Answer 3

those which can be satisfied through recklessness e.g common assault, S20 wounding

Question 4

explain: voluntary intoxication regarding specific intent offences

Answer 4

• governed by Sheehan + Moore
• D chooses to consume an intoxicant
• full defence to specific intent offences
• not a defence to alternative basic offences as the D’s decision to become intoxicated is deemed reckless conduct that is sufficient to satisfy the MR of the offence
• However:
  
  • if the D has MR of offence, the defence is unavailable (Coley)
  • if D becomes intoxicated to acquire the courage to commit the offence (Gallagher), the defence is unavailable (‘Drunken intent is still intent’

Question 5

explain: voluntary intoxication regarding basic intent offences

Answer 5

• governed by Majewski
• D chooses to consume an intoxicant
• not a defence to offences of basic intent, as the D’s decision to become intoxicated is deemed reckless conduct that is sufficient to satisfy the MR of the offence
• however:
  
  • if the D would not realise the risk if sober, the defence is available (Richardson + Irwin)

Question 6

explain: involuntary intoxication

Answer 6

• governed by Hardie
• D is unaware they have consumed an intoxicant e.g spiked drink
• full defence for both SI and BI offences
• however:
  
  • if D forms MR of the offence, even if involuntarily intoxicated, the defence is unavailable (Kingston)

Question 7

explain: intoxicated mistake

Answer 7

• governed by Lipman
• D has chosen to become intoxicated and whilst in an intoxicated state, they misunderstand the situation, resulting in an offence being committed
• specific intent offence: same rules as Sheehan + Moore
• basic intent offences: same rule as Majewski, but Richardson and Irwin does not apply