10.3 Intoxication Flashcards
(6 cards)
1
Q
Where does the defence of intoxication come from?
A
Common law defence
2
Q
Voluntary Intoxication
A
- D takes intoxicant with free will
- Or takes knowing it will intoxicate them
3
Q
Voluntary Intoxication and intent
A
- (R v Kingston)} drunken intent is still intent
- (R v Sheehan and Moore)} Prosecution must prove there was intent
- (DPP v Majewski)} basic intent offences only need recklessness
- (AG for NI v Gallagher)} cannot drink for dutch courage
4
Q
Involuntary Intoxication
A
- D must not know how intoxicated they are.
- D must not know they are taking intoxicants or be experiencing unkown side effects
- (R v Kingston) even if a D woud not commit the offence sober they may not have a defence
5
Q
Intoxicated Mistakes
A
Intoxicated mistakes about the facts of something can help them have a defence but if it is a mistake in judgement i.e use of force then less likely tio have a defence.
* can apply to basic intent (R v O’Grady)
* can apply to specific intent (R v Hatton)
6
Q
Levels of intoxication
A
No fixed level, but (R v Lipman) demonstrated it is clear when someone is, and the effects of what drug i staken play into account.
