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Flashcards in Intoxication Deck (7)
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1
Q

When will intoxication work as a defence?

A

When it negates D’s MR

2
Q

What are the 2 types of intoxication?

A
  • Voluntary - D chose to take intoxicating substances (if D knows the effects that prescribed substances could have, he will be voluntarily intoxicated.
  • Involuntary - D was unaware of the intoxicating effects
3
Q

What are the 2 types of crime?

A
  • Specific Intent Crimes - Intent must be proven

- Basic Intent Crimes - Recklessness is enough

4
Q

Discuss voluntary intoxication and specific intent crimes?

A

Voluntary intoxication can negate the MR for a specific intent crime.
Lipman - D will not be convicted of a specific intent crime if the intoxication prevents him from forming the MR.
Gallagher - Where D has the MR of the crime (without the intoxication) he will still be guilty. (Drunken intent is still intent).

5
Q

Discuss voluntary intoxication and basic intent crimes?

A

DPP v Majewski - Voluntary intoxication will never be a defence to basic intent crimes as D will always be reckless in becoming intoxicated, which can then be transferred to the MR of the crime.

6
Q

Discuss involuntary intoxication and specific intent crimes?

A

Kingston - If D has the MR of the specific intent crime, he will be guilty of the specific intent crime. (drugged intent is still intent).
If the intoxication negates the MR, D will not be guilty.
Allen - To be regarded as involuntary intoxication, the intoxication has to be completely involuntary.

7
Q

Discuss involuntary intoxication and basic intent crimes?

A

Hardie - When D is involuntarily intoxicated, he has not been reckless in becoming intoxicated. If D has not been reckless in the offence either, then he will not have the MR required and be found not guilty.