Case Commentary for Intoxication

Case Commentary for Intoxication

1. Intoxication has developed through case law.

2. In the case of Lipman shows that you cannot be convicted of a specific intent offence like murder if, because intoxication, you can't form the necessary mens rea for that offence.

   • This is good because the very essence of mens rea in murder cases is to prove intent. If you can't prove it, the defendant has to be acquitted. However the law has developed fallback to allow conviction of a lesser offence of manslaughter. Lipman was dangerous and a drug user and the public needs protection. There is no fallback for theft.

3. The decision of Majewski makes it clear that drunk defendants will not escape liability in crimes of basic intent. This is good because of public policy reasons. The public needs to be safe. Majewski's behaviour was appalling. Treating injuries that cost the NHS billions(£7 billion)

   • However it goes against legal principle because the Actus Reus and the Mens rea does not concide in intoxication e.g. you get drunk but you don't know what you are going to do. Public safety is main aim.

4. Hardie illustrates that the defence can operate successfully in a case where you take a prescription drug.

   • This is good because we have to distinguish between prescribed drugs and recreational drugs. As sometimes prescribed drugs can produce an unusual reaction.
   • However it can get difficult e.g. did they feel strange? should they have known? its difficult sometimes to know whether elements of recklessness creep in.

5. Kingston makes it clear that a drunken intent is still an intent. This is good because they still have the mens rea.

   • However the Kingston decision was quite harsh. He was lured to the flat and took advantage. It's possible they wanted a conviction because of nature of the offence.

6. Cases like O'Grady and Fotheringham show that intoxication is not permitted defence to crimes where you make a mistake.

   • This is good because it would have been open to abuse. Rape is a serious offence. you shouldn't use mistake as a defence.
   • However both claimed not to have had mens rea