Intoxication (Defences)

Question 1

Where can intoxication be used as a defence?

Answer 1

Mental capacity for the offence not present, due to consumption of an intoxicating substance, namely drink or drugs.

Question 2

R v Sheehan and Moore

Answer 2

Drunken intent is still intent - charged with manslaughter instead of murder.

Question 3

AG for NI v Gallagher

Answer 3

Had intent to kill before intoxication (before drinking). Defence inapplicable.

Question 4

What is meant by voluntary and involuntary intoxication?

Answer 4

D chooses to intoxicate themselves
D did not choose to be intoxicated

Question 5

Voluntary intoxication case?

Answer 5

DPP v Majewski: Reckless when taking drink and drugs voluntarily leading to numerous crimes. Defence inapplicable.

Question 6

Involuntary intoxication case?

Answer 6

R v Hardie: didn’t have intent for crime, unaware of actions.

Question 7

R v Kingston

Answer 7

Already had intent for crime before becoming involuntarily intoxicated.

Question 8

Conclusion for voluntary intoxication?

Answer 8

Partial defence, D will be convicted of a less serious crime if there is one available.

Question 9

Conclusion for involuntary intoxication?

Answer 9

Full defence