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Lyn Takaindisa Law A2 English

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  1. Intoxication

  2. Was the intoxication voluntary?

  3. Is a general/complete defence

  4. If yes, Did D chose to take the intoxicating substance?

  5. If no, was D's drink spiked, take unexpected drug and it had an unexpected effect on D, was a calm drug and had unexpected opposite effect

  6. was the mens rea negated?

  7. If yes

  8. SHEEHAN & MOORE(1975)

  9. Was the offence of basic intent or specific intent ?

  10. DPP v MAJEWSKI

    offences with the mens rea of recklessness-Basic intent

  11. D will have the defence if specific intent and did not form the mens rea

  12. GALLAGHER v AG for North Ireland.

    Do not get the defence 'A drunken intent is still an intent'

  13. HARDIE(1984) - Will not be guilty of a basic intent offence unless he has been reckless in becoming intoxicated.

    Did not know the Valium made his behaviour unpredictable

  14. KINGSTON(1994)- Involuntary intoxication will not provide a defence if D had the necessary mens rea at the time of the offence

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A2 Law Flowchart on Untitled, created by Lyn Takaindisa on 20/02/2017.
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Lyn Takaindisa
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