Voluntary Intoxication Flashcards
What is the defence of intoxication?
The defence of intoxication may apply where the defendant does not have the required mens rea.
What are the types of intoxication?
A distinction is made between voluntary and involuntary intoxication, and between basic and specific intent crimes.
What is voluntary intoxication?
Voluntary intoxication occurs when the defendant chooses to take the intoxicating substance or takes a prescribed drug knowing it will make him intoxicated.
What happens if a defendant is extremely intoxicated?
If the defendant is so intoxicated that he has not formed the mens rea for a specific intent crime, he will be found guilty of a lesser ‘fallback’ crime as in Lipman.
What is required for voluntary intoxication to be a defence?
The intoxication must be extreme, as in Sheehan and Moore.
What happens if the defendant has formed the mens rea for a specific intent crime?
They will be charged with that crime, as in Coley.
Is voluntary intoxication a defence for basic intent crimes?
No, voluntary intoxication is not a defence to basic intent crimes, established in DPP v Majewski.
What if the defendant has the necessary mens rea despite intoxication?
If the defendant has the necessary mens rea for the offence, despite their intoxication, then they are guilty.
What are ‘Dutch courage’ cases?
‘Dutch courage’ cases occur when the defendant has the mens rea initially but later does not due to intoxication, as set out in A-G for Northern Ireland v Gallagher.
What can happen if a defendant is unable to form mens rea due to intoxication?
If D was unable to form the mens rea of the offence due to intoxication, he may be found not guilty if the offence is one of specific intent.
What happens if the offence is one of basic intent?
If the offence is one of basic intent, the defendant cannot use voluntary intoxication as a defence and will be found guilty.
What is the outcome if a defendant got drunk to commit a crime?
If D got drunk in order to commit the crime, he will be found guilty.
What happens if D is unable to form mens rea due to an intoxicated mistake about a key fact?
There will be no defence to a basic intent crime, as a mistake will be sufficient for recklessness, but it may be a defence to a specific intent crime.
Example: D was unable to form the mens rea due to an intoxicated mistake when attacking his girlfriend; this could be a defence if the offence was specific intent.
Can D use the defence of voluntary intoxication?
Yes, D may use the defence of voluntary intoxication, but may still be found guilty of a basic intent crime such as manslaughter or S.20.
Example: D’s intoxicated mistake about the amount of force used in self-defence will not be a defence.
