Intoxication-Defence

Richie.Joseph
Mind Map by Richie.Joseph, updated more than 1 year ago
Richie.Joseph
Created by Richie.Joseph over 5 years ago
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Mind Map on Intoxication-Defence, created by Richie.Joseph on 10/15/2014.
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Intoxication-Defence
1 Can be involuntary or voluntary
1.1 If Voluntary, then D not excused of consequences of actions
1.2 Must prove D did not have M.R
2 Involuntary Intoxication
2.1 D did not know he was taking drugs/drink
2.2 M.R not Formed
2.3 Can arise from:
2.3.1 Spiked drink
2.3.2 Prescribed Drugs
2.3.3 Non-dangerous drug, not recklessly
3 Basic & Specific Intent
3.1 Case: Majewski - States the defintion. Basic intent is intention inc. recklessness. Specific Intent is mens rea only w/ intention
3.2 Basic Intent Crimes: Inv. Manslaughter, s47,s20, Assault and Battery
3.3 Specific Intent Crimes: s18 and Murder
3.4 Case: Lipman - Voluntary intoxciation= defence for murder not inv. manslaughter
3.5 Case: AG for N.I v Gallagher - If M.R formed before intoxication, no defence due to 'Dutch Courage'
4 Cases
4.1 Case: Kingston- D can use involuntary intoxication, if D lacked M.R due to intoxication
4.2 Case: Allen - If D did not know strength of drink or drugs = Voluntary
4.3 Case: Hardie- Voluntary consumption of dangerous drugs = Recklessness, not for non-dangerous drugs
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