Defence - intoxication

Question 1

dpp v beard

Answer 1

appellant whilst intoxicated raped a 13 year old girl and put his hand over her mouth to stop her from screaming. She died of suffocation.

established rule that If he was so drunk that he was incapable of forming the intent required he could not be convicted of a crime which was committed only if the intent was proved.

Question 2

r v sheehan and moore

Answer 2

The D’s were very drunk and threw petrol over a tramp and set fire to him. They were too drunk to have formed any intent to kill or cause GBH. It was held that because they didn’t have the mens rea for murder their intoxication was a defence to that offence. However they were found guilty of manslaughter as this is a basic intent offence.

Question 3

ag nprthern irelamd v gallgher

Answer 3

The D decided to kill his wife. He bought a knife and also a bottle of whiskey. He drank a large amount of whiskey to give himself Dutch courage before killing his wife. His conviction for murder was upheld as a drunken intent is still intent.

Question 4

majewski

Answer 4

bvoluntary intoxication is reckless behavior in itself and so satisfies the mens rea of basic intent crime

Question 5

kingston

Answer 5

D’s coffee was drugged by someone who wanted to blackmail him. He was then shown a 15 year old boy who was asleep and invited to abuse him. The D did so and was photographed by the blackmailer. The HOL upheld his conviction for indecent assault. They held that if a D had formed the MR for the offence then the involuntary intoxication was not a defence.- has pedophilic tendecnies already

Question 6

hardie

Answer 6

took valium tblets not noing they could affect his behaviour

Question 7

lipman

Answer 7

D thought that he was at the centre of the earth and being attacked by snakes. When he awoke he found his girlfriend was dead. He had strangled her and stuffed a sheet in to her mouth believing she was a snake attacking him. He was charged with murder and manslaughter.

manslaughte as reckless bhevaiour was taking the lsd

Question 8

jaggard v dickinson

Answer 8

Returning to the street drunk one evening the defendant attempted to gain access to an identical house on the street after mistaking it for her friend’s property. After being denied access by the actual owner, the defendant broke a window and gained access through this way. After being arrested the defendant indicated that she mistakenly believed it was her friend’s house and that her friend would have consented to her gaining entry by breaking a window.