Intoxication Flashcards
What is the definition of intoxication
Having drugs or alcohol in a persons body before committing an offence
What are the 2 types of intoxication
Voluntary and involuntary
What is voluntary intoxication
Where the D has taken drugs or alcohol out of their own free will
What cannot the defendant not rely upon regarding voluntary intoxication
That it turned out stronger than he thought it would be
What case would you use for intoxication failing if the D states the alcohol/ drugs were stronger than expected in intoxication
Allen
What is involuntary intoxication
Do not know you are having drugs/ alcohol, this can be spiking or having a reaction from medication in which you followed the instructions for
What must you prove for involuntary intoxication to succeed
That the D was unable to form the mens rea for the crime
What will the courts do regarding voluntary intoxication leading to involuntary action, what case supports this
Intoxication will not be satisfied as a defence, Coley
What are the two types of crime in intoxication
Basic and specific
What is the difference between basic and specific intent crimes in intoxication
Basic intent is where the mens rea has both intent and recklessness and specific intent crimes only have intent as their mens rea
What type of crime does intoxication work for and why
Specific as taking the drugs/ alcohol classes as the reckless part of basic intent crimes
What case is used to differentiate between basic and specific crimes in intoxication
Majewski
What is meant by an intoxicated mistake in intoxication
Not provide a defence for basic however may for specific intent if they can prove they didn’t have the mens rea
What case can be used for intoxicated mistake for intoxication
Lipman
What happens if the D has formed the mens rea of a crime and then gets involuntarily intoxicated, the commits the offence- what is the case
The defence will fail as they still had the mens rea, Kingston
