Voluntary Intoxication Flashcards
Definition VI
- Chosen to take intoxicating drug
- Voluntarily intoxicated- D didn’t form MR of offence due to intoxication
Defence for…
Specific intent crimes (direct intent)- e.g Murder, s.18 wounding/ GBH with intent, Arson, criminal damage with intent
Complete defence if- incapable of forming MR
VI specific intent offences- cases
DPP v Beard: ‘If D was so drunk
that he was incapable of forming the MR required, he can’t be convicted of a crime which was committed only if the intent was proved.’
R v Sheehan and Moore- Ds set light to man in drunken state. HELD- questions was whether Ds formed the MR – drunken intent is still an intent. Ds were convicted of unlawful act manslaughter.
R v Lipman- D & girlfriend took LSD trip and D stuffed sheet down her throat. HELD unable to form MR of offence, wasn’t guilty of murder (a specific intent crime) but instead convicted of manslaughter (BI) which intoxication is no defence
AG for Northern Ireland v Gallagher- D decided to kill wife- drank whisky- ‘Dutch courage’, HELD- murder as he had formed the MR to kill before intoxicated
Rule with recklessness
Recklessness (state of mind where person deliberately pursues course of action while consciously disregarding risks flowing from such action)
Where recklessness is sufficient to prove MR, defence will fail- if VI
Voluntary intoxication and basic intent offences- e.g Assault, S.47, mans, S.20 (any crime where MR has recklessness)
DPP v Majewski- consumed large quantities of alcohol and drugs, assaulted landlord of pub & police, damaged property. HELD- recklessness enough to constitute necessary MR- couldn’t use defence
R v Allen- homemade wine- greater effect- sexual assaults- claimed no MR- HELD intoxication was still voluntary even though strength of wine was unexpected. sexual assault (BI)
