Intoxication Flashcards
Defences
To use intoxication, what must first be established?
Whether the intoxication was voluntary or involuntary.
What happens if the D was voluntarily intoxicated? why?
Chances are D won’t be able to raise intoxication successfully, as in public policy intoxication is not a defence.
What is a specific intent offence?
When the offence has intention as it’s Men’s Rea
What is a basic intent offence?
When an offence only calls for recklessness and no longer needs intention.
What does intoxication do if raised successfully?
It is a partial defence, that lowers specific intent offences down to basic intent offences
What does Beard rule?
That intoxication is only a partial defence to offences of specific intent. You are still liable, but your crime will be reduced.
What does Majewski rule?
If intoxicated, then your charge can be downgraded from a specific intent offence to a basic intent one.
What did Eatch rule?
That if spiked then intoxication is involuntary
What did Allen rule?
That if you underestimate the alcohol, you are still voluntarily intoxicated.
What did Majewski rule?
That if you have prescribed medicine but did not expect a reaction, then you can still use the defence.
What did Gallagher rule?
That you cannot use the defence for dutch courage, as that is still voluntary intoxication.
What did kingston rule?
That Druken intent is still intent
What does it mean when you say drunken intent is still intent?
So if D had intentions but only because D was drunk did he act on the intentions? So being drunk made or enabled D to do it. Then the court will see that they still had intent and will still be liable for the offence.
