Voluntary Intoxication A01

Question 1

how can a defendant become intoxicated

Answer 1

drink, drugs, solvents or a combination of these

Question 2

defined through common law, df must must become so intoxicated that_______

Answer 2

incapable of forming a mens rea - R v Sheehan and Moore

Question 3

voluntarily intoxicated

Answer 3

defence to specific intent crimes

Question 4

involuntarily intoxicated

Answer 4

defence to both specific and basic intent crimes (no MR)

Question 5

R v Groak

Answer 5

df must provide evidence of the intoxication prosecution must prove beyond reasonable doubt they had the mens rea despite the intoxication

Question 6

availability and the effect determined on these 3 factors:

Answer 6

-the manner (was it voluntary or involuntary) -the level (this must be very high) -type of offence (was it basic intent or specific intent)

Question 7

DPP v Beard

Answer 7

if the defendant could not form the mens rea for murder due to intoxication, he should instead be found guilty of manslaughter - created the fallback principle,

Question 8

example of fallback principle

Answer 8

R v Lipman where his murder charge was reduced to manslaughter

Question 9

DPP v Majewski

Answer 9

voluntary intox defence to specific intent crimes - df charged with s.47 ABH which is a basic intent crime meaning he couldn’t raise the defence and was therefore found guilty

Question 10

R v Richard & Irwin

Answer 10

an intoxicated defendant will not be found automatically guilty of a basic intent crime by committing the AR

Question 11

dutch courage is no defence to any crime (case)

Answer 11

AG Reference for Northern Ireland of 1963

Question 12

R v O’Grady

Answer 12

cannot have the defence of self defence if the defendant makes an intoxicated mistake