Intoxication (Mental Capacity Defences)

Question 1

What is intoxication

Answer 1

Being under the influence of alcohol/drugs which affects mental capacity and decision making

Question 2

When can intoxication be used as a defence?

Answer 2

When D was so intoxicated that they were incapable of forming the men’s rea of the defence

Question 3

How is it decided if D has a defence

Answer 3

1. If intoxication was involuntary or voluntary
2. Was the offence specific or basic intent

Question 4

What is a basic intent offence?

Answer 4

An offence which has the recklessness as men’s rea ie assault, manslaughter

Question 5

What is a specific intent offence?

Answer 5

There is only intent as the men’s rea ie murder

Question 6

What is voluntary intoxication?

Answer 6

1.When D chose to take an intoxicating substance
Or
2. D knows the effect of taking a prescribed drug will make them intoxicated

Question 7

What is the key case of voluntary intoxication

Answer 7

DPP V Beard:
When D raped a 13yr old and covered her mouth but he was so intoxicated he didn’t realise she suffocated, he was incapable of forming the MR for murder.

Question 8

What is a case example of voluntary intoxication negating men’s rea

Answer 8

R v sheeran & Moore:
Ds were drunk and threw petrol over a tramp and set him on fire
So they were guilty of manslaughter (basic int)
As it needs mens rea for a specific intent

Question 9

Is drunken intent still intent?
Case?

Answer 9

Yes.
Gallagher 63: D decided kill his wife so brought a knife then drunk enough for courage to kill her.
Guilty of murder (specific intent)

Question 10

Is it voluntary intoxication if they are unaware of the strength?

Answer 10

Yes.
Allen: he was charged with assault after being given wine by a friend he said he didn’t realise the strength.
However this didn’t make it involuntary and he was charged

Question 11

What is voluntary intoxication a defence to?

Answer 11

Specific intent crimes not basic intent

Question 12

Majewski
voluntary intoxication

Answer 12

D consumed large quantities of drugs and alcohol and assaulted multiple people and damaged property, his recklessness formed the MR so he couldn’t use the defence of intox

Question 13

To be guilty of a crime with the men’s rea of recklessness the harm must be..

Answer 13

Foreseeable to D when sober, not just to a reasonable person when sober.

Question 14

Foreseeable risk
Richardson v Irwin:

Answer 14

D threw V down a balcony whilst drunk charged with GBH, but it was quashed bcs the judge directed the jury as Reasonable man, not reasonable D.

Question 15

What is the law on past intoxication?

Answer 15

Where D is suffering from a mental disorder brought on by past voluntary intoxication he can use it as a defence

Question 16

A case showing past intoxication

Answer 16

R v harris:
Set fire to his own house in a psychotic episode brought on from heavy binge drinking
He said he knew it was wrong but didn’t think he would endanger others
Because he gave no thought due to past intoxication it was quashed

Question 17

What is involuntary intoxication?(3)

Answer 17

1. D Doesn’t know they’re consuming an intoxicant ie spiked drink
2. D consumes it under medical advice and has an unexpected effect
3. If D takes a prescription drug with adverse effects (prescribed to him or not)

Question 18

A case showing involuntary intoxication of prescription drugs

Answer 18

Hardie: D took his gfs vallium for his depression and he set fire to his wardrobe

Question 19

Can they be prosecuted If they had MR but were involuntarily intoxicated?
Case?

Answer 19

Yes.
Kingston: D had pedophile tendencies, and was drugged and filmed abusing a boy, he had MR before intoxication. No defence

Question 20

Ivoluntarily intoxication, specific intent case:

Answer 20

Lipman, D and Gf took LSD he thought she was a snake so stuffed bed sheet Down throat suffocating her.
He had no intent to kill her so convicted of manslaughter.

Question 21

Can someone be guilty of specific intent or basic intent If they were involuntarily intoxicated?
*(with no MR)

Answer 21

1. Specific: no as they had no intent
2. Basic: No because they hadn’t been reckless in getting intoxicated

Question 22

Can you rely on a mistake due to voluntarily intoxication as a defence?
Case?

Answer 22

No, if a mistake was made due to voluntarily intoxication it is not a defence.
Grady: man killed friend after drinking as he thought it was self defence. Guilty

Question 23

What is the exception to a voluntary intoxication mistake?

Answer 23

Jaggard v dickinson: D was told she could stay at her friends, after returning drunk she tried to enter an identical house, after being denied she broke in.
She claimed he friend would have consented to this. Defence!

Question 24

What does the criminal justice and immigration act 2008 say about intoxication?

Answer 24

D cannot rely on a mistake that was from:
1. Being intoxicated at the time
2. Immediately or after intox so short term effects triggered episodes

Question 25

Case example of short term effects of voluntary intoxication

Answer 25

Taj: he substance abused from a young age and knew it brought on aggression and paranoia
He heavily drunk and post intox he was in psychosis and thought he saw a terrorist so almost killed him
He was convicted as it was a mistake from vol intox.