Intoxication Evaluation Flashcards
What is the first AO3 point for an intoxication essay?
The distinction between specific intent and basic intent - Is illogical and isn’t applied consistently which reduces predictability and clarity in the law therefore affecting trust and faith in the legal system
What is the reform for the first AO3 point for an intoxication essay?
2009 Law Commission ‘Intoxication and Criminal Liability’ Paper proposed abolishing SI and BI and having a list of circumstances that are voluntary/involuntary. There would also be a presumption D wasn’t intoxicated, and D would have to prove he was, if D proves he was intoxicated then voluntary would be presumed and if D argues for involuntary then he would have to argue this on the balance of probabilities - nothing happened from these proposals
What is the second AO3 point for an intoxication essay?
Voluntary Intoxication - Drinking is seen as an aggravating factor so why can it be used as an excuse for committing a crime and is it fair that a crime can be reduced to a fallback offence, additionally, crimes like theft and burglary have no fallback so even voluntary will cause a full acquittal which produces injustice and fails to protect the public
What is the reform for the second AO3 point for an intoxication essay?
1993 Law Commission proposed abolishing DPP vs Majewski and suggested a new offence of criminal intoxication which would better reflect D’s responsibility for crime committed when voluntarily intoxicated
What is the third AO3 point for an intoxication essay?
Involuntary Intoxication - Seems fair as no MR due to getting drugged or spiked leads to no conviction but R vs Kingston decision is harsh as he wouldn’t have had the intent if he wasn’t spiked - R vs Allen is fair BUT R vs Hardie seems too lenient in comparison to R vs Kingston as Kingston disregards that it was involuntary, but Hardie allows the D’s recklessness
What is the reform for the third AO3 point for an intoxication essay?
There isn’t one as it is a sensible position around involuntary intoxication
What is the fourth AO3 point for an intoxication essay?
Public Policy Issues - Position is fair as they need to protect the public but could argue position from R vs Kingston is harsh. Dutch courage position seems fair as you can’t promote alcohol as an excuse for a crime, however, sentencing on intoxication through illegal drugs should be more severe to reflect the illegality element
What is the reform for the fourth AO3 point for an intoxication essay?
1975 Butler Committee proposed a new offence where D might be acquitted of a serious offence but be convicted for dangerous intoxication because he was intoxicated
What is the fifth AO3 point for an intoxication essay?
The fact that voluntary intoxication does not count in self-defence but does here does not add up and it would make sense for them to be in line to increase clarity and consistency across the judiciary
What is the reform for the fifth AO3 point for an intoxication essay?
Abolish the ruling in R vs O’Grady and R vs O’Connor so that a mistake made due to involuntary intoxication in self-defence can be a partial a defence to bring the law into line with intoxication, but this is more a reform for self-defence
