Intoxiaction

Question 1

R v Kingston

Answer 1

If they have the mens rea intoxication is no defence- assaulted a young boy whilst drugged

Question 2

Dpp v majewski

Answer 2

Spent 24 hours drinking and taking drugs, smashed windows and attacked a police officer. Intoxication is only a defence for specific intent not basic intent.

Question 3

R v lipman

Answer 3

D took lsd with gf and killed her as he thought he was being attacked by snakes, managed to get reduced to manslaughter, but couldn’t reduce any more as manslaughter is a basic intent crime

Question 4

R v McGee

Answer 4

Suffered with tinnitus had medication and drunk heavily, got charged with abh and wounding with intent, tried to plead involuntary intoxication. Not voluntary as he knew the risk of taking medication and drinking.

Question 5

3 situations where is treated as involuntary

Answer 5

Prescribed drugs, soporific drugs and laced drinks.

Question 6

R v hardie

Answer 6

Took gfs valium and was charged with damaging property and endangering life when he set fire to the flat- involuntary as he had been told it wouldn’t harm him

Question 7

R v allen

Answer 7

Drunk wine and did not know the alcohol content- not involuntary

Question 8

Dutch courage

Answer 8

If he dependent gets drunk to have the courage to commit the criminal act no defence- attorney general for Northern Ireland v Gallagher