Intoxication

Question 1

Definition

Answer 1

When someone rakes drink or drugs and then claims that they were to drunk to form the necessary men’s rea for the crime and therefore should not be held accountable

Question 2

Voluntary

Answer 2

Where the d has brought about their own intoxication , he has prior fault and on public policy grounds the defence will usually fail (R v Allen)

Question 3

Involuntary

Answer 3

It must be shown that the effect of it made the D unable to form the necessary men’s rea of the offence
Involuntary intoxication can be such as being spiked , effect of prescribed drugs non taking non dangerous drugs in a non dangerous way

Question 4

Specific intent crimes

Answer 4

Any crime above S18 GBH including theft and burglary

Question 5

Basic intent crimes

Answer 5

Anything including recklessness , common assault, ABH and S20 GBH
Will always fail as becoming voluntary intoxicated is reckless, and recklessness is enough for the men’s rea ( Majewski)

Question 6

Intoxicated mistake

Answer 6

An intoxicated mistake will not provide a defence for basic intent ( Kingston)
Only provide a defence to specific intent crimes if they have not formed the necessary men’s Rea before

Question 7

Intoxication and self-defence

Answer 7

If the drunken mistake is about self - defence, s76 criminal justice and immigration act 2008 state the D will never have a defence for basic and specific intent crimes

Question 8

Evaluation

Answer 8

Protects the victim ( drunken mistake) = positive
Only provides a defence for specific intent crimes
Doesn’t take into account the level of intoxication