DEFENCES: INTOXICATION
- Created by: pwatkins05
- Created on: 03-11-21 09:06
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- INTOXICATION
- through drink or drugs D does not form MR
- not available in cases of dutch courage
- involuntary
- includes spiked drinks or taking medication with unanticipated side effects.
- provides defence if stopped D forming MR
- Hardie
- includes spiked drinks or taking medication with unanticipated side effects.
- voluntary
- includes drinking alc and not knowing strength
- specific intent offence
- MR of offence is intention. D will be guilty of any associated basic intent offence.
- Sheehan and Moore
- MR of offence is intention. D will be guilty of any associated basic intent offence.
- basic intent offence
- MR of offence is recklessness NO DEFENCE
- Majewski
- MR of offence is recklessness NO DEFENCE
- Allen
- specific intent offence
- includes drinking alc and not knowing strength
- N.Ireland V Gallagher
- involuntary
- Kingston
- not available in cases of dutch courage
- definition: the state of which a person's normal capacity to act or reason is inhibited due to alcohol or drugs
- through drink or drugs D does not form MR
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