Ideas for Reform of Intoxication Flashcards
(7 cards)
What report did the Law Commission publish regarding intoxication?
‘Intoxication and Criminal Liability’.
When did the Law Commission publish ‘Intoxication and Criminal Liability’?
2009.
What did the Law Commission state should be abolished?
References to basic intent and specific intent.
What did the Law Commission state should be retained?
The distinction between voluntary intoxication and involuntary intoxication.
What did the Law Commission state there should be a primary presumption of?
That the defendant was not intoxicated, the defence should have to prove it.
What did the Law Commission state there should be a secondary presumption of?
That the defendant was voluntary intoxication.
What did the Law Commission state the defendant should have to do if they state they were involuntarily intoxicated?
Prove that they were.