U1B: Defences: Intoxication Flashcards
Is intoxication voluntary or involunatry?
-Either voluntary or involuntary
How is the defence used?
-Used to show that defendant could not form the necessary mens rea
What are the elements of intoxication that need to be considered?
- Type of intoxication
- Type of crime (only if intoxication is voluntary)
- If defendant had the mens rea
What is the definition for voluntary intoxication?
-Where the defendant takes drink or drugs of their own free will
Is voluntary intoxication a defence to basic intent crimes + why?
-No
-Voluntary intoxication itself is considered reckless SO is not a defence to basic intent crimes
What case states the ruling for the MR of voluntary intoxication, what was said about basic intent crimes?
R V Majewski:
-States that a defendant who gets voluntarily intoxicated ‘supplies the evidence of MR…sufficient for crimes of basic intent…’
-So, intoxication= only for crimes of specifc intent
What is the ruling for not realising the strength of the subtsance used + CASE example ?
(voluntary intoxication)
-Not realising the strength of alcohol/ drugs does NOT make the intoxication involuntary
EG: R V Allen:
-He had been given wine by his friend and claimed he didn’t know the strength of it.
-Intoxication was VOLUNTARY
What are the TWO circumstances of involuntary intoxication?
- Where the defendant doesn’t take alcohol/ drugs knowingly or out of their own free will
OR
- Where they take them deliberately but they have an adverse effect
What are some example situations of involuntary intoxication?
- D’s s drink was spiked with drugs/alcohol
-D takes drugs prescribed by his doctor according to instructions
-D takes a non-dangerous drug (not prescribed) in a non-reckless way
-Medication having the opposite effect to its known effect
What is the ruling + CASE + ruling for MR in involuntary intoxication cases?
- If the defendant didn’t form the MR then they aren’t guilty
EG: R V Kingston: case of disinhibition - drugs lowered his ability to resist temptation.
What are the two types of crime?
- Specific intent crime
- Basic intent crime
Which types of crime can be used for which types of intoxication?
VOLUNTARY:
- Only a defence to specific intent crimes
- Helps to create the MR for basic intent crimes
INVOLUNTARY:
- A defence to BOTH types of crime
What idea is the ruling on MR when drunk based off and what does it mean?
-Based on idea of dutch courage
-If the MR is formed BEFORE the intoxication then there is no defence
What case defines drunk MR + what was the ruling + what was stated?
-Attorney-General for Northern Ireland v Gallagher:
-Ruling= no defence
-Stated: “A drunken intent is STILL an intent”
Where does the burden of proof (onus) rest FIRST?
-Rests FIRST on the defendant- to provide evidence of intoxication which can be put before the jury
Where does the burden of proof (onus) rest SECOND?
-Rests SECOND, after the D
-Onus will be on the prosecution to establish beyond all reasonable doubt, despite evidence the D gave, the defendant still had the necessary MR
