Defences- Intoxication Flashcards
Where is the defence of intoxication contained
Common law
What type of defence is intoxication
Can be complete/partial/no defence at all
what does the availability of intoxication depend on
If its involuntarily or voluntarily
If its of a basic intent offence or specific intent offence
Can voluntary intoxication be a complete defence
No
What test is used for voluntary intoxication with specific intent offences
Did D have the required MR?
Yes= no defence
No= partial defence (conviction reduced to relevant basic intent offence)
What happens when someone tries to use the defence of intoxication for robbery/theft with no required MR
Get a complete acquittal if successful
What does the case of Sheean and Moore say
Drunk intent is still intent
What does the case attorney general for NI v Gallagher say
If the D formed MR before becoming intoxicated, they have no defence (Dutch courage)
What’s the result of the D becoming voluntarily intoxicated with a basic intent offence, use a case
The D has no defence as he has satisfied the reckless element of MR for basic intent offences by getting into the intoxicated state (majewski)
What is said about involuntary intoxication
It’s not reckless so doesn’t automatically satisfy the MR of basic intent offences
What test is used for basic and specific intent offences when involuntarily intoxicated
Did D have necessary MR?
No=complete acquittal
Yes= no defence
What case said that not knowing the strength of alcohol doesnt account for a defence
Allen- is still voluntary even if not know strength
What does the case of Kingston say
Was drugged but couldn’t rely on defence as still have intent for acts committed, drugged intent is still intent
