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Mapa mental

Intoxication

Charlotte Russell Inglês

Conteúdo do mapa

Intoxication

  1. Can't make a mistake if intoxicated

    • R v O'Grady (1987)
  2. 3 stages to find out if the defence is available for the individual

    • Voluntary or involuntary
      • The level of intoxication
        • The type of offence committed whilst intoxicated
  3. Intoxicated by alcohol, drugs, solvents or a combination

  4. Must be so intoxicated that they are unable to form the mens rea

    • R v Sheehan and Moores
  5. A defendant may be classed as being involuntary intoxicated; may arise in four different situations

    • Involuntary; defence to both basic and specific intent
    • 1. The defendant had been spiked
      • R v Kingston 1994
        • Public policy decision, intended to protect society from known peodifiles,
          • Professor Clarkson disagrees with this decision
      • R v Allen 1988
    • 2.The defendant has taken prescription drugs
      • R v Bailey 1983
    • 3. Unexpected reaction to soporific drugs
      • R v Hardie 1984
    • 4. intoxicating substance under duress
    • Even if the defendant falls under one of the 4 situations, they still need to prove the mens rea
  6. Voluntary intoxication; this applies to the defendant who has voluntarily consumed alcohol or drugs commonly known to make people aggressive or out of control.

    • Voluntary; defence to specific not basic
    • Before 1920 the courts aid it was an aggravating factor not a defence
    • DPP v Beard (1920)
    • DPP v Majewski (1977)
      • Majewski tules- if you are voluntary intoxicated you get the defence to specific intent crimes
        • Doesn't work for all crimes
          • Not all crimes have a corresponding basic intent crime, e.g. theft
            • Just get acquitted from crimes without one
    • R v Heard (2007)
      • Must charge the defendant with a basic intent crime if they want to convict them
      • If it was specific intent it would create a loophole in the law
        • Everyone voluntarily intoxicated would get acquitted even if they had sexually assaulted someone
  7. if someone deliberately gets intoxicated to give himself 'Dutch Courage' to commit a crime, his intoxication will not be a defence to any crime

    • Attorney-General for Northern Ireland v Gallagher (1963)
  8. Reforms

    • Ensure all specific intent crimes have a corresponding basic intent crime
    • Create a new offence
    • Full defence

Informações

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Mapa Mental sobre Intoxication, criado por Charlotte Russell em 23-04-2014.
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