Intoxication

Question 1

Defence

Answer 1

-capacity defence
-failure to form MR due alcohol
-general defence, can either complete or partial

Question 2

Sectors

Answer 2

voluntary- you consume
involuntary- unwillingly
specific- murder or s18 GBH
basic- assault, battery

Question 3

Voluntary and Specific

Answer 3

-Ds so intoxicated, MR is not formed
-partial defence, reduced to basic but still liable

Question 4

Cases for voluntary and specific

Answer 4

-DPP v Beard: did not mean to kill
-Lipman: no specific MR
-AG for NI v Gallagher: dutch courage

Question 5

Voluntary and Basic

Answer 5

-considered reckless
-juries decide if D would have realised risk if sober/subjective

Question 6

Cases for voluntary and basic

Answer 6

-DPP v Majewski: reckless intoxication

Question 7

Involuntary and specific/basic

Answer 7

-complete defence
-if prosecution cant prove there was MR
-acquitted

Question 8

Cases for involuntary and specific/basic

Answer 8

-Pearson: party made drunk by fraud of another not responsible
-Allen: %, awareness, no defence
-Hardie
-Kingston: still intent

Question 9

Intoxicated mistake

Answer 9

-no use for basic intent offence
-Hatton: mistake of how much force was required for self defence
-may have defence for specific intent