VOLUNTARY INTOXICATION

Question 1

when may the defence of intoxication apply

Answer 1

where the defendant doesn’t have the required mens rea

Question 2

what is meant by voluntary intoxication

Answer 2

an occur where the defendant chooses to take the intoxicating substance, or where d has taken a prescribed drug knowing it will make him intoxicated

Question 3

what happens if d is so intoxicated he does not form the mens rea for a specific intent crime

Answer 3

will be found guilty of a lesser fallback crime — Lipman

intoxication must be therefore extreme— Sheehan & Moore

Question 4

what does the case of Coley set out

Answer 4

necessary mens rea for the offence, despite their intoxication, then they’re guilty

Question 5

what does the case of A-G for Northern Ireland v Gallagher state

Answer 5

Dutches courage will not be a defence

Question 6

what does the case of DPP v Majewski set out

Answer 6

voluntary intoxication however cannot be a defence to basic intent crimes

Question 7

What does the case of Lipman state about intoxicated mistake

Answer 7

unable to for the necessary mens rea due to an intoxicated mistake about a key fact, there will be NO defence to basic intent crime as a mistake will be sufficient for recklessness

but may be a defence to specific intent crime —> Lipman

Question 8

what does the case of O’Grady set out

Answer 8

if d uses more force than needed due to his intoxication the t cannot be a defence

Question 9

what does the case of Jaggard v Dickinson set out

Answer 9

voluntary intoxication is a defence to criminal damage