Intoxicated Flashcards
When does voluntary intoxication apply?
When D voluntarily drinks alcohol or takes drugs.
How do you introduce the defence of voluntary intoxication?
D (name) may be able to argue the defence of voluntary intoxication.
What is the rule in Majewski?
There is a distinction between specific and basic intent crimes:
• Specific intent: Requires intention only
• Basic intent: Can be committed with intention or recklessness
What are examples of specific vs basic intent crimes?
• Specific intent: Murder, s.18 GBH, Theft, Robbery
• Basic intent: Assault, Battery, s.47 ABH, s.20 GBH, UAM
Is the defence available for specific intent crimes?
Yes – if D was so intoxicated they couldn’t form the mens rea.
Only use if D lacked intention due to intoxication.
Is the defence available for basic intent crimes?
No – intoxication is evidence of recklessness, so D is guilty.
EXCEPTION: In Richardson & Irwin, defence might succeed if D wouldn’t have seen the risk even when sober.
What is Dutch courage and does it allow the defence?
If D got drunk to build confidence to commit a crime (Gallagher), the defence fails – D formed mens rea before intoxication.
When does involuntary intoxication apply?
Where D is laced or has unexpected side effects from medication.
How do you introduce the defence of involuntary intoxication?
D (name) may be able to argue the defence of involuntary intoxication.
Is the defence available for specific and basic intent crimes?
Yes – if D was so intoxicated they couldn’t form mens rea.
A drunken intent is still intent (Kingston).
Can the defence apply if intoxication was caused by medication?
Yes – if side effect was unexpected and D wasn’t reckless (Hardie).
