voluntary and involunary intoxication

Question 1

voluntary intoxication

Answer 1

Majewski- distinction between specific and basic intent crimes

Question 2

specific intent crimes

Answer 2

crimes involving intention only (murder, GBH, theft etc) defence will be available if D could not form men’s rea due to being intoxicated

Question 3

basic intent crimes

Answer 3

crimes that can be committed recklessly (manslaughter, assault etc), defence not available as D being intoxicated in first place shows recklessness

Question 4

RICHARDSON & IRWIN

Answer 4

defence of voluntary intoxication may still be available for basic intent crimes but only if D would not have seen risk of harm even when sober

Question 5

involuntary intoxication KINGSTON

Answer 5

defence is available for both specific and basic intent but only if D so intoxicated they couldn’t form men’s rea “a drugged intent is still intent”

Question 6

side rule: unexpected side effect of prescription drugs

Answer 6

HARDIE- defence of involuntary intoxication can be used

Question 7

side rule: DUTCH courage rule

Answer 7

GALLAGHER- no defence as had clearly formed intention before drinking