intoxication defence

Question 1

what is voluntary intoxication?

Answer 1

voluntary intoxication is where the defendent of his own free will chooses to take an intoxication substance.

Question 2

what is the general rule for voluntary intoxication with case example

Answer 2

The general rule is that voluntary intoxication is only available for crimes of specific intent such as murder and s18 and not for crimes with basic intent such as assault and s20. (dpp v majewski)

Question 3

why is VI available for specific intent crimes? with case example

Answer 3

it may be available as it may have prevented the defendant from forming the necessary mens rea (r v lipman).

Question 4

what happens if D still form a mens rea?

Answer 4

D would still be guilty even if intoxication impaired Ds ability in some way. “drunken intent is still intent” ( r v kingston)

Question 5

what happened if D formed the mens rea before the intoxication?

Answer 5

he has no defence as in A-G gallagher where the defendant became intoxicated to gain dutch courage before committing the crime.

Question 6

why can u have a defence for involuntary intoxication ( with case example)

Answer 6

Involuntary intoxication may be a defence to both basic and specific intent crimes, where no mens rea was formed. involuntary intoxication is where the defendant does not know they are taking alcohol or intoxicating drugs e.g their drink has been spiked, person takes illegal drugs thinking its aspirin, taking a prescribed drug but the drug has an undesired effect. ( R v hardie)

Question 7

what must be shown by the effects of involuntary intoxication? case?

Answer 7

It must be shown that the effect of involuntary intoxication was such that the defendant, as a result of the intoxicating substance was unable to form the necessary mens rea for the offence ( R v kingston