Intoxication Flashcards
(20 cards)
What is the defence of intoxication ?
Where D consumed alcohol, drugs or other noxious substance
What happens to a Ds MR if intoxication is involved ?
MR couldn’t be formed
What is the first element of intox.?
are they legally intox. ?
How can someone be legally intox. (2 ways and case) ?
automatism, can’t form MR, or merely drunk (D wouldn’t do if sober but knows doing it) (Heard)
What does Sheehan V Moore say about legally intoxicated ?
drunken intent is still intent
What helps to prove legally
intox. ?
evidence to show D had more than just a drink or 2 or small amount of drug
Next element of intox. ?
Has intox. been caused involuntarily or voluntarily
What does R V Eatch say about deciding vol./jnvol. ?
if any doubt, question of fact for jury
What is volountary intox. ?
D chooses to take 🍷, ❄️, or other substance out of own free will
What is invol. intox. ?
D doesn’t know taken 🍷, ❄️ that will intox. them
What does R V Hardie add for invol. ?
where D taken prescribed drug but had unexpected effect
What is the 1st thing to consider if the intox. was voluntary (MR) ?
only a defence to specific intent crimes DPP V Beard (only intention)
What happens if the D can form MR for a crime under vol. intox. ?
defence not available (Coley)
What did R V Lipman say about vol. intox. ?
if there is a lower basic intent crime of specific one D charged w that and intox. no longer a defence
What happens if there is no basic intent version of a specific crime ?
can use intox. and acquitted
What does R V Gallagher say about dutch courage (Vol. Intox.) ?
if D only consumed to get courage to commit crime intox. not available
How does DPP V Majewski show that basic intent crimes don’t work for intox. ?
recklessness of getting intox. is recklessness for comitting crime
What did Richardson and Irwin say to look at about intox. and basic intent crimes ?
would D still realise risk if not intox. ?
What happens if D was invol. intox. and why?
will be acquitted as couldn’t form MR for crime
Why would someone be charged if they were invol. intox. (case)?
if had MR before intox. (Kingston)
