Intox Flashcards
(21 cards)
P1
Reduce offence for conviction
P2
Unfair inconsistent
P3
Undesirable to convict without men’s rea
P4
Illogical drunk enough to commit actus but not mens rea
P6?
Public policy
P7
Reforms
Reduce offence for conviction
Majewksi vol intox is only for specific intent
DPP V beard - reduce specific to basic for conviction needed
No justice for V as lower sentence
Reduce conviction sentence example
18 = life
20 = 5 year max
Unfair inconsisten
DPP V beard - reduce specific to basic
Theft act 1968 - no basic version
No justice
D not held liable
Issues of public policy and intox being used as excuse to commit theft
Men’s rea issue
Correspondence Pringle
Majewski - intox is reckless
Yet people drink socially without actual risk of committing any offence
However needed for public policy
Dutch courage
Gallagher
D forms men’s Rea then drinks to get courage to commit offence
Works wells
Illogical drink enough for mens but not actua
Case
R V Sheehan and moore
Illogical drunk enough for men’s but not actus
Drink enough to kill drunk enough to know what he’s doing
Physically able then should be mentally able
However R V lipman - intox must be gross/ extreme
Public policy
Case
R V Kingston
R V Kingston explained
Man spiked and set up by friend to abuse boy
Abused boy while invol intox
Deemed drunk intent is stil intent
Issue with Kingston
Drunk intent is still intent yet he was not reckless in drinking
Kingston however
Boy was still abused
Intox must be gross and this was not the case
Issues around public policy and reactions
R V hardie
Seen as involuntary but means d is not held accountable for actions
Intox reforms
Butler committees
Law commission 2009
Butler committee
Introduce non defence - only look at in sentence
Law commission
Clear test to see d state of mind
What kind of intox in vol and invol
