Fichas
Intoxication
Fichas del conjunto (16)
- 1Majewski (House of Lord case)Defendant went on a 36 hour drugs and drink marathon. Over time, he got involved in a pub brawl & assaulted a customer, manager and several police officers. His defence was that he was so intoxicated he could not foresee the consequences of his actions.
- 2Sheehan and MooreD's were very drunk and they threw petrol over a tramp and set him on fire but they claimed that they were too drunk to form the intent to kill or cause GBH. They were not guilty of murder but manslaughter. Fallback
- 3Coley (2013)User of cannabis and played violent video game which lead to him attacking his neighbour. the judge refused insanity as it was voluntary intoxication
- 4HeardD was in an emotional state as he was very drunk and cut himself. He was taken to hospital. He became abusive and then he exposed himself to a police officer and rubbed his penis on the police officer's leg. He was charged with intentional sexual touching. The judge classified this as a basic intent crime.
- 5HarrisPast alcoholic who had stopped drinking a few days before. He had hallucinations. His appeal was allowed as it was seen as past voluntary intoxication
- 6Richardson & Irwin3 students at Surrey university got very drunk, they went back to their accommodation and they lifted and threw a boy over a balcony (10 feet). The CoA said the question should have been what would they have foreseen if they were not drinking.
- 7KingstonD was paedophile and he was being blackmailed. A 15 year old was allured and naked on a bed. D was asked to abuse the boy which he did. D claimed that his coffee had been drugged and he lost his inhabitation's. The CoA said that a "drug intent was still an intent". He was guilty
- 8BaileyDiabetic who took insulin but did not eat. He attacked ex boyfriend's girlfriend causing a cut. Initially they said it wad self inflicted. On appeal, the judge said it was no alcohol or drugs. there could have been a defence but it depended on D not eating might produce a reckless reaction.
- 9HardieD was depressed his relationship ended. he was moving out of the flat but took some of his girlfriend's Valium tablets. he set the cupboard on fire. arson = criminal damage. He was acquitted, but reckless
- 10AllenD was given home-made wine which he did not know had a strong alcoholic content. He became drunk and caused a sexual assault. There was no evidence that Allen's drinking anything other than voluntary
- 11Eatchhe had cannabis and a beer with a much stronger drug was added. This was involuntary intoxication
- 12GallagherD decided that he would kill his wife, he went out and brought himself a bottle of whiskey and drank half of it. He then killed his wife.
Dutch Courage - 13LipmanLSD resulted in a bad trip, had a dream that he was at the centre of the earth and being attacked by snakes. When he woke up to find his girlfriend with half a bed sheet down her mouth. Didn't have Mens Rea for murder but fallback for manslaughter.
- 14FotheringhamD came home very drunk and got into bed where his baby - sitter had decided to sleep. He had sex with her and did not realise it was not his wife. Rape = basic intent crime.
- 15O'GradyD had been drinking heavily and then he fell asleep. He woke up later and thought the V was attacking him so he threw an ash tray at the V. This applies to self defence. He misjudged the situation
- 16Jaggard v DickinsonD was very drunk and decided to go to a friend's house and broke a window thinking the friend would consent. She broke a window for the wrong house. This case is an exception because she had an honest belief that the person to who the property belong to would have consented to the damage
Información
- Descripción
- A2 Law A2 Fichas sobre Intoxication , creado por Charlotte Silvester el 14/01/2016.
- Creado por
- Charlotte Silvester · ene 2016
- Actualizado
- 6 abr 2018
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