Voluntary intoxication. Flashcards
1
Q
voluntary intoxication is only applicable to…
A
specific intent crimes
2
Q
under caldwell
A
specific intent crimes don’t include recklessness in the mens rea
2
Q
what does voluntary intoxication mean?
A
the d has voluntarily consumed alcohol, taken drugs or other intoxicating substances.
covers when d knows the effects of prescribed drug will make them intoxicated
3
Q
involuntary intoxication is what type of defence?
A
partial, if successful will reduce the charge to a lesser offence
4
Q
A
4
Q
first requirement however drunken intent…
A
is enough to form the mr (beard), if while intoxicated they’ll be liable for the full offence
5
Q
what invalidates the defence
A
should the d use ‘dutch courage’ to commit
after they’ve already formed the mr
defence=unsuccessful
AG for NI v Gallagher
