Intoxication

Question 0

Hardie

Answer 0

If D takes therapeutic drugs for therapeutic purposes (insulin) Majewski does not apply, even if the drugs were not prescribed to him, and his intoxication will always be relevant to mens rea.

Question 1

Bailey

Answer 1

If D takes therapeutic drugs for the purpose prescribed to him (insulin) Majewski does not apply and his intoxication will always be relevant to mens rea.

Question 2

Stewart

Answer 2

Alcoholism will only render one’s intoxication involuntary if it produces an “irresistible craving for and compulsion to drink”.

Question 3

Allen

Answer 3

If D is aware she has taken intoxicating substances any subsequent inebriation will be taken to be voluntary, even if he made a mistake as to the strength of the item taken.

Question 4

Stripp

Answer 4

If D is intoxicated but another mental state supervened, this does not preclude his reliance on the Supervening mental state as a defence.

Question 5

Lipman/Coley

Answer 5

If D’s mental condition is brought about by his voluntary intoxication he will not be allowed to rely on the mental condition as a defence.

Question 6

Harris

Answer 6

If D’s state of mind arises from withdrawal symptoms caused by abstinence from drink or drug he may rely on evidence of that state of mind to preclude criminal liability.