3.17)Intoxication Flashcards
(18 cards)
How can “Intoxication” be used as a relevant factor
It affects D’s ability to form Mens Rea
Define “Voluntary Intoxication”
D chooses to become intoxicated
What can “Voluntary Intoxication” be identified as
1)D knowingly and voluntarily takes substances
2)D knowingly and voluntarily takes substances, but it is stronger than they think
3)D is reckless in the way in which they take the substances
What does “R v Lipman [1970]” entail
D could not be guilty of murder as he couldn’t form the mens rea from being high on LSD, so the crime fell back on manslaughter
What does “R v Allen [1988]” entail
D couldn’t render his intoxication involuntary due to a lack of knowledge of the strength, as he sexually assaulted people while drunk
What is the test for “Voluntary Intoxication”
1)Establish Voluntary Intoxication
2)Identify basic or specific intent crimes
3)Specific Intent Rules
4)The fall back rule
5)Basic Intent Rules
Define “Involuntary Intoxication”
D becomes intoxicated without their knowledge
What can “Involutary Intoxication” be identified as
1)D has been unknowingly exposed to a substance
2)D took a non-dangerous substance in a non-reckless way
What does “R v Kingston [1994]” entail
D could not use involuntary intoxication as a defence, as he had formed the mens rea before becoming intoxicated by being a pedophile and filming himself abusing a boy
What does “R v Hardie [1985]” entail
The defendant’s conviction was overturned as the valium he took had an unexpected result unknown to him, making him set fire to his flat
What is a “Specific Intent Crime”
A crime where the mens rea is intention only
What is a “Basic Intent Crime”
A crime that the mens rea can include recklessness
What is an “Intoxicated Mistake”
When D is mistaken about a key fact because they are intoxicated
What can an “Intoxicated Mistake” defend
A specific intent offence where the mistake is about something D did not have the necessary mens rea for
What is the Burden and Standard of Proof for “Intoxication”
D must provide some evidence of intoxication before the defense can be put out to jury whilst prosecution tries to prove D still formed neccessary mens rea
Define “Dutch Courage”
The strength or confidence gained from drinking alcohol that would not be there without it
What is the “Fall Back Principle”
D successfully uses defence but crime is reduced to a lesser offence
What are the Reforms for “Intoxication”
1)Ensure all specific intent crimes have a corresponding basic intent offence
2) Create a new offence for “dangerous intoxication”
3)Make a full defence as D is incapable of forming mens rea
