Mental Capacity Defences 🧠 Flashcards
INSANITY + AUTOMATISM IS MENT TO BE HERE!!!
GO TO NON-FATAL OFFENCES!!
What kind of defence is intoxication?
Complete defence
What are the two types of defences for intoxication?
in voluntary- no intent to be intoxicated
and Voluntary- had intent
What is the first stage of the involuntary defence of intoxication?
- Was the intoxication in voluntary
e.g. spiked
medical 🏥
unaware of the product
R v Hardie - taken drugs but had the opposite effect was not his intent
However,
R v Allen - did not know the strength of Drug /Alcohol not accepted - still intended to be intoxicated by taking substance
What are the two stages of In voluntaryintoxication?
- What is the intoxication in voluntary
- Defendant must not have mens rea
What is the second stage of involuntary intoxication?
2. Def must not have the mens rea - prior intent or
drunken intent- R v Kingston - would their prior intent make them do it whilst drunk ? - if so drunken
If so it sober- no
What is the first stage of voluntary intoxication?
- What is the intoxication involuntary - R v Allen 
Is the second stage of Voluntary intoxication? 
What are some example of an specific intent crime?
What do basic intent crimes get ?
- Complete defence to all specific intent crime - R v Lipman 
specific intense crimes - murder, s18 GBH , theft , burglary , robbery
Basic intent crimes - no defence- DPP V Majewski- “one With recklessness” - MR
If s 18 GBH is found with no intent to inflict GBH or wound can be lowered to basic intent crime s. 20
However - R v Heard - found Basic intent with no recklessness
What is the third stage of voluntary intoxication?
Defendant must not have mens rea-
R v Parker - shows prior harm to victim so no defence
AG - NI V Gallagher- no defence for Dutch courage - drink Alcohol to do crime 
