intoxication

Question 1

Voluntary intoxication

Answer 1

(Majewski) - intention between specific and basic intent crimes

Question 2

specific intent crimes

Answer 2

intention only
murder, rape

Question 3

basic intent crimes

Answer 3

can be committed intentionally and recklessly (GBH, ABH u lawful act)

Question 4

if voluntary intoxication is for a specific intent crime

Answer 4

the defence is available if d was so intoxicated that they would not form the men’s rea

Question 5

if voluntary intoxication is for a basic intent crime

Answer 5

defence not available as the fact that the d got involuntarily intoxicated is evidence of recklessness and the crime is complete

Question 6

SR to voluntary intoxication basic intent crime

Answer 6

defence available as long as the d would not have seen the risk if they were sober (Richardson & Irwin)

Question 7

SR dutch courage

Answer 7

where d gets involuntarily intoxicated in order to gain confidence to commit a crime
(gallagher) not available if d formed mens rea for the crime before they got intoxicated

Question 8

involuntary intoxication

Answer 8

where d was spiked or had unexpected side effects of prescription medication (Haride)

Question 9

defense is available

Answer 9

for basic and specific intent (Kingston)
as long as d was so intoxicated that they could not form the relevant men’s rea as
“drugged intent is still intent”

Question 10

SR involuntary intoxication

Answer 10

unexpected side effect of prescription drug, defence available as side effect was unexpected (hardie)