Intoxication-Defence

Intoxication-Defence

1. Can be involuntary or voluntary

   • If Voluntary, then D not excused of consequences of actions
   • Must prove D did not have M.R

2. Involuntary Intoxication

   • D did not know he was taking drugs/drink
   • M.R not Formed
   • Can arise from:
     • Spiked drink
     • Prescribed Drugs
     • Non-dangerous drug, not recklessly

3. Basic & Specific Intent

   • Case: Majewski - States the defintion. Basic intent is intention inc. recklessness. Specific Intent is mens rea only w/ intention
   • Basic Intent Crimes: Inv. Manslaughter, s47,s20, Assault and Battery
   • Specific Intent Crimes: s18 and Murder
   • Case: Lipman - Voluntary intoxciation= defence for murder not inv. manslaughter
   • Case: AG for N.I v Gallagher - If M.R formed before intoxication, no defence due to 'Dutch Courage'

4. Cases

   • Case: Kingston- D can use involuntary intoxication, if D lacked M.R due to intoxication
   • Case: Allen - If D did not know strength of drink or drugs = Voluntary
   • Case: Hardie- Voluntary consumption of dangerous drugs = Recklessness, not for non-dangerous drugs