Flashcards
Intoxication
Cards in this deck (5)
- 1IntoxicationThe defence of intoxication is available where, as a result of taking drugs, prescribed or illegal, and alcohol or other substances, such as glue, the D is incapable of forming the required MR for the offence.
- 2The courts ask 3 questions when running the defence.1) Was the D intoxicated?
2) Was the intoxication voluntary or involuntary?
3) Is the offence basic intent? - 31) Is the D intoxicated?In Kingston (where the D was intoxicated), it was found that drunken intent is still intent.
- 42) Was the intoxication voluntary or involuntary?If involuntary then the defence is available for all crimes (Hardie).
If voluntary then the defence is only available for specific intent crimes. Underestimating the strength of the drug/alcohol is still voluntary intoxication (Allen). - 53) Is the offence basic intent?Recklessness is sufficient MR for basic intent and becoming voluntarily intoxicated is reckless behaviour (no defence) - Majewski.
For specific intent crimes, the defence will only succeed if it negates the MR - Cannot be for "Dutch Courage" - AG for Northern Ireland v Gallagher.
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- A2 Law Flashcards on Intoxication, created by James Tucker on 07/06/2018.
- Created by
- James Tucker · Jun 2018
- Updated
- Jun 7, 2018
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