8392686
Description
Mind Map by Yasmine King, updated more than 1 year ago
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Created by Yasmine King
about 7 years ago
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Intoxication
- Voluntary intoxication and specific intent offences
- Lipman
- Facts; D took LSD, hallucinated. Thought his girlfriend was a snake to
protect himself he killed the snake (her). He was charged with murder.
- Principle; D will not be convicted of a specific intent offence if the
intoxication prevents him from forming the mens rea of the offence
- Facts; D took LSD, hallucinated. Thought his girlfriend was a snake to
protect himself he killed the snake (her). He was charged with murder.
- Sheehan and Moore
- Facts; D's were drunk, killed a man by pouring petrol and setting him on fire. They
were charged with murder. However were convicted with involuntary manslaughter
- Facts; D's were drunk, killed a man by pouring petrol and setting him on fire. They
were charged with murder. However were convicted with involuntary manslaughter
- AG for Northern Ireland v Gallagher
- Facts; D wanted to kill his wife. So went and brought a knife and a bottle of
whisky to give him 'dutch courage'. He drank it then stabbed his wife to death
- Principle; If the defendant has the required mens rea of the specific intent
offence then he will be convicted. Drunken intent is still intent
- Facts; D wanted to kill his wife. So went and brought a knife and a bottle of
whisky to give him 'dutch courage'. He drank it then stabbed his wife to death
- Lipman
- Voluntary intoxication and basic intent offences
- DPP v Majewski
- Facts; D attacked people at a pub whilst under the influence, he also attacked the
police officer following his arrest. He was convicted of assault occasioning ABH and
common assault. His intoxication prevented him from forming mens rea of the offence
- Principle; Voluntary intoxication will never be a defence to basic intent
crimes as D will always have been reckless in becoming intoxicated and
this can be transferred to satisfy the mens rea of the crime
- Facts; D attacked people at a pub whilst under the influence, he also attacked the
police officer following his arrest. He was convicted of assault occasioning ABH and
common assault. His intoxication prevented him from forming mens rea of the offence
- DPP v Majewski
- Involuntary intoxication and specific intent offences
- Kingston
- Facts; D's coffee was spiked. D was attracted to young boys but managed
when sober not to act on it. He was set up by A who put him in a room with a
young boy. D indecently assaulted the boy. He was convicted.
- Principle; If D has the mens rea of the specific intent offence he will
be convicted. Drugged intent is still intent. However if the
intoxication negates the mens rea., then he will not be guilty.
- Facts; D's coffee was spiked. D was attracted to young boys but managed
when sober not to act on it. He was set up by A who put him in a room with a
young boy. D indecently assaulted the boy. He was convicted.
- Allen
- Facts; D drank some home-made wine not realising the strength. He committed sexual
assaults and claimed because he was drunk that he didn't know what he was doing. He said
he had not voluntarily placed himself in that condition. He was convicted
- Principle; To be regarded as involuntary intoxication, the intoxication has
to be completely involuntary
- Facts; D drank some home-made wine not realising the strength. He committed sexual
assaults and claimed because he was drunk that he didn't know what he was doing. He said
he had not voluntarily placed himself in that condition. He was convicted
- Kingston
- Involuntary intoxication and basic intent offences
- Hardie
- Facts; Took his girlfriend's valium thinking it would calm
him down. He became aggressive and set fire to he
wardrobe. D was charged with arson
- Principle; When D is involuntarily intoxicated he has not been reckless in
becoming intoxicated. If D has not been reckless in the offence either, then he
will not have the mens rea required and will be found Not Guilty
- Facts; Took his girlfriend's valium thinking it would calm
him down. He became aggressive and set fire to he
wardrobe. D was charged with arson
- Hardie
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