PAPER 1 INTOXICATION Flashcards
where does intoxication apply?
it applies where as a result of alcohol or drugs the defendant does not form the mens rea for the offence.
Where does intoxication not apply?
Where inhibitions are merely lowered (Kingston), nor where D used intoxication for Dutch courage.
APPLY - does d lack ability to form MR?
Can intoxication be voluntary and involuntary?
Yes.
Where is intoxication voluntary?
Where D has chosen freely to take an intoxicating substance.
Where is intoxication involuntary?
Where the defendant was unaware he was taking an intoxicant or where taking prescription drugs had an unanticipated side effect.
APPLY- Voluntary or involuntary?
If it is voluntary intoxication which rules apply? Add an I.e
The Majewski rules apply
E.g. intoxication is available for crimes of specific intent but not basic intent.
What happens with a basic intent offence?
It is generally satisfied with MR of recklessness, but D will still be guilty.
What is a specific intent crime?
One where the MR of intention or knowledge is required.
With voluntary intoxication where applicable the defendant may be charged with what?
A basic intent offence as in Sheehan and Moore.
What happens if a specific intent crime has no basic intent alternative?
An acquittal may be possible if MR for the offence can’t be formed.
APPLY!- if voluntary
If the intoxication is involuntary what happens?
D will be acquitted of both specific intent and basic intent offences as long as they didn’t form a MR. (Kingston)
APPLY- if involuntary
