Voluntary Intoxication

Question 1

Majewski

Answer 1

The court drew a distinction between specific and basic intent crimes

Question 2

Specific intent crime

Answer 2

Crimes involving intention only e.g. Murder and GBH. The defence will be available but only if D was so intoxicated they could not form Mens Rea which is hard to get

Question 3

Basic intent crime

Answer 3

Crimes that can be committed recklessly e.g. Assault and battery. The defence will not be available because the fact D got so intoxicated is evidence of being reckless.
Richardson & Irwin - defence of voluntary intoxication may still be available but only if D would not have seen the risk of harm if sober