1B - Intoxication Flashcards Preview

OCR A-Level Law Paper 1 > 1B - Intoxication > Flashcards

Flashcards in 1B - Intoxication Deck (15)
Loading flashcards...
1
Q

What is intoxication?

A

Where the D was under the influence of alcohol and/or drugs (prescribed or otherwise) or other substances at the time of committing the offence

2
Q

Why do policy arguments reject intoxication as a factor to consider in criminal cases?

A

An intoxicated D should not be treated more favourably than a sober defendant
Drunken intent is still intent

3
Q

Criminal liability requires actus reus and mens rea

A

intoxication can have an effect on the defendant’s state of mind
So courts have taken a strict liability approach as to when this will be allowed as they recognise that getting intoxicated through drugs or drink is reckless course of conduct in itself

4
Q

What is voluntary intoxication?

A

the D of his own free will decides to take an intoxicating substance for example alcohol, prescribed drug or an illegal drug

5
Q

What is involuntary intoxication?

A

the D does not know they are takinh alcohol or intoxicating drugs for example spiking a drink with alcohol or drugs or if a person takes a prescribed drug in accordance with the instructions but the drug has an undesired effect

6
Q

What is a basic intent crime?

A

crimes for which the mens rea includes recklessness

7
Q

What is a specific intent crime?

A

crimes for which the mens rea is ONLY intention

8
Q

What is the thought behind distinguishing between specific and basic intent crimes?

A

If D has become voluntarily intoxicated, their conduct is reckless and therefore they have the required mens rea of a basic intent crime

9
Q

What are some examples of basic intent crimes?

A
assault s.39 CJA 1988
battery s.39 CJA 1988
ABH s.47 OAPA 1861
s.20 OAPA 1861
Unlawful Act Manslaughter
10
Q

What are some examples of specific intent crimes?

A

s.18 OAPA 1861

Murder

11
Q

Is voluntary intoxication a defence for basic intent crimes?

A

NO as being voluntarily intoxicated is a reckless course of conduct

12
Q

What if the D is voluntarily intoxicated and commits a specific intent crime?

A

Intoxication is available as a defence and will reduce the specific intent crime to a basic intent crime, providing there is a lesser charge available (s.18 to s.20, murder reduced to manslaughter)
Lipman

13
Q

What is the mens rea for the specific intent crime was formed prior to the intoxication?

A

‘dutch courage’

no defence

14
Q

What if the D is involuntarily intoxicated and commits a crime?

A

Involuntary intoxication may be a defence to specific and basic intent crimes
Most common example is where a drink has been spiked and these cases it must be shown the effect of the intoxication was such that the D, as a result of the intoxication, was unable to form the necessary mens rea

15
Q

What if a person takes a prescription/non-dangerous drug voluntarily that has an undesired effect, as opposed to a ‘soporific or sedative’ effect?

A

Where the D takes a prescription drug or a non-dangerous drug, this may be treated as involuntary intoxication if the D suffers from an uncommon reaction
Hardie

Whereas if they take a dangerous drug like ecstasy, known for causing various effects such as hallucinations, this would still be deemed voluntary intoxication