Intoxication Flashcards
(6 cards)
Which type of offence does voluntary intoxication satisfy the mens rea for?
Basic intent offences
Which case showed that becoming voluntarily intoxicated is a reckless course of conduct?
R v Majewski
Give an example of a case where the mens rea was formed prior to the intoxication
AG for Northern Ireland v Gallagher (Dutch courage doesn’t count)
When does voluntarily taking a substance become involuntary intoxication?
If there are unexpected side effects (R v Hardie)
In which case did involuntarily intoxication not succeed as a defence?
R v Kingston (he formed the mens rea)
What two questions must be answered for intoxication?
1) Was it voluntary or involuntary?
2) Was the offence basic or specific intent?