Intoxication (Paper 1)

Question 1

Two types of intoxication

Answer 1

Voluntary and Involuntary

Question 2

Meaning of Voluntary Intoxication

Answer 2

It is D’s fault they are intoxicated

Question 3

Case which drew a distinction between specific and basic intent crimes

Answer 3

Majewski

Question 4

Specific intent crimes

Answer 4

Crimes in which the mens rea is intention only, such as murder, theft, section 18 GBH

Question 5

Is Voluntary Intoxication available as a defence for specific intent crimes

Answer 5

Yes, only if D was so intoxicated they could not form the mens rea

Question 6

Basic intent crimes

Answer 6

Crimes committed either intentionally or recklessly, such as assault, battery, ABH

Question 7

Is Voluntary Intoxication available for basic intent crimes

Answer 7

No because the fact that D got intoxicated in the first place is evidence they were being reckless

Question 8

Decision in Richardson & Irwin

Answer 8

Defence of voluntary intoxication may still be available for basic intent crimes but only if D would not have seen the risk of harm even if they had been sober

Question 9

Meaning of Involuntary Intoxication

Answer 9

Not D’s fault they are intoxicated, e.g. they were spiked or suffered unexpected side effects

Question 10

Ruling in Kingston

Answer 10

Involuntary Intoxication is available as a defence for specific and basic intent crimes, but only if D was so intoxicated they were unable to form the mens rea, ‘a drugged intent is still an intent’

Question 11

Case which held that unexpected side effects of prescription drugs allows for involuntary intoxication

Answer 11

Hardie