intoxication

Question 1

voluntary intoxication

Answer 1

where d has brought about his own intoxication whether the defence succeeds heavily depends on whether a specific or basic intent crime is committed

Question 2

basic intent crimes

Answer 2

defence will always fail and the d already has the mr as he was reckless by becoming intoxicated
(DPP v Majewski)

Question 3

specific intent crimes

Answer 3

may provide defence if it prevented d from forming the intention
if it did d will be convicted of a lesser charge

Question 4

is intoxicated intent sufficient intent in law?

Answer 4

yes
(r v lipman)

Question 5

dutch courage

Answer 5

where d has deliberately drunk in order to provide the courage to commit an offence he will be unable to raise the defence of intoxication even for a crime of specific intent

Question 6

2. involuntary intoxication

Answer 6

d takes an intoxicating substance but is unaware of having done so or intoxication is an unwanted side effect
-can sometimes provide a COMPLETE defence for both specific and basic crimes

Question 7

intoxicated mistake

Answer 7

will not provide a defence to a crime of basic intent
will only assist specific intent crime if d can show they didn’t form the mr

Question 8

intoxication and self defence

Answer 8

if the drunken mistake is about self defence itself s.76(5) of CJ and Im act 2008 states that D will never have a defence to a basic or specific intent crime
r v hatton- a drunk mistake about the amount of force required in self defence was not a defence