Voluntary Intoxication

Question 1

Definiton

Answer 1

Where the D voluntarily chooses to intoxicate themselves

Question 2

What is a basic intent crime?

Answer 2

A crime which can be committed recklessly

Question 3

What is a specific intent crime?

Answer 3

Crimes that can only be committed with intent

Question 4

Majewski for basic intent

Answer 4

The defence is not available because D was reckless in getting drunk in the first place

Question 5

Richardson and Irwin

Answer 5

For basic intent crimes, the defence is only available if D would have not seen the risk of harm if they were sober

Question 6

Majewski for specific intent

Answer 6

The defence is only available if D was so intoxicated that they could not form the mens rea

Question 7

The defence is not available because D was reckless in getting drunk in the first place

Answer 7

Majewski for basic intent

Question 8

For basic intent crimes, the defence is only available if D would have not seen the risk of harm if they were sober

Answer 8

Richardson and Irwin

Question 9

The defence is only available if D was so intoxicated that they could not form the mens rea

Answer 9

Majewski for specific intent

Question 10

Side rule: If D gets intoxicated in order to give themselves the confidence to commit the crime, then the defence is not available

Answer 10

Gallagher

Question 11

Gallagher

Answer 11

Side rule: If D gets intoxicated in order to give themselves the confidence to commit the crime, then the defence is not available