Intoxication

Question 1

Source

Answer 1

• Common law
• All MR crimes
• Def in Majewski

Question 2

Elements

Answer 2

1 - Type of intoxication
2 - Extreme
Vol
Invol
Situations

Question 3

Element 1

Answer 3

Recognised type of intoxicant
- Alcohol
- Drugs
- Insolvents

Question 4

Element 2

Answer 4

Extreme
- Incapable of forming MR (Beard, Sheehan + Moore)
- Not recall events
- More than disinhibited (Kingston)

Question 5

Voluntary intoxication

Answer 5

Majewski rules
- Partial defence for specific intent crimes (Sheehan + Moore), fallback to related basic intent crime (theft = free)
- No defence for basic intent crimes
- Not know strength = vol (Allan)
- Vol then spiked = jury discretion (Eatch)
- Not know effect of drugs = vol (Lipman)

Question 6

Involuntary intoxication

Answer 6

• Full defence for specific + basic intent crimes
• As long as no MR (Kingston)
• Soporific drugs taken for right reason = invol (Hardie)

Question 7

Situations

Answer 7

• Dutch courage = no defence, continuing act (Gallagher)
• Mistaken self-defence = no defence (Hatton, O’Grady)