Defences

Seite 1

Intoxication

Voluntary

- takes drink or drugs of own free will

- R v Allen

Involuntary

- not own free will

- Kingston - spiked

- R v Hardie - valium - taking prescribed drug with unexpected effects

Basic intent offence

- where recklessness is enough for MR - Majewski

Specific intent offence

- must be direct intent to form MR

Cannot use voluntary intoxication with basic intent

- defence is only available if unable to form MR

Verdict: complete acquittal

Dutch courage - Gallagher

- drunken intent is still intent

Self-defence

1. Was force necessary?

- Bird - don't have to wait for other party to act first

2. Mistaken belief

- must be genuine

- Gladstone-Williams

3. Force reasonable?

- not excessive

- Martin/Clegg

- if threat has passed then unreasonable