intoxication Flashcards
(8 cards)
1
Q
Definition
A
D drinks/ takes drugs and then claims they cannot form the necessary mens rea for a crime and should not be responsible.
2
Q
3 part test
A
Type of intoxication
Type of crime
Exceptions
3
Q
voluntary intoxication
A
defence will fail.
D cannot rely on how it was stronger then they thought (Allen)
4
Q
Involuntary intoxication
A
defence may succeed- no MR (Coley)
spiked- involuntary
5
Q
basic intent
A
crimes that include recklessness- fails
(Majewski)
6
Q
specific intent
A
so drunk that its impossible for D to form MR
(Sheehan and Moore)
7
Q
intoxicated mistake
A
not a defence to basic intent crimes (Kingston)
May be a defence to specific if theres no MR before (Lipman)
8
Q
Self defence
A
drunken self defence?- no defence available (O’grady)
s76(5) criminal justice and immigration act 2008
