Intoxica Flashcards
(2 cards)
To what offences does the defence of intoxication apply?
DPP v Majewski Self induced intoxication is only a defence to specific intent offences. This is because the defence functions where the accused has not, by reason of intoxication, formed the requisite mens rea/ intention.
DPP v Reilly Endorsed M in Irl, obligation to pretect public from violence, cannot allow the cause of the violence to become the excuse.
AG v Manning only operates to reduce murder to manslaughter.
What constitutes intoxication?
R v Lipman intoxication by any dangerous drug, alcohol or combination.
AG v Manning mere drunkness is not sufficient, it is no defence if its only effect was to more readily allow a man to give into his passions. He must be rendered incapable of knowing what he is doing, or the consequences of his actions.
AG NI v Gallagher not open to be relied on in cases of dutch courage, ‘the wickedness of his mind before he got drunk is enough to condemn him.
