Intoxication cases

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  • Created by: Amy Baron
  • Created on: 08-05-13 16:48
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  • General defence - intoxication
    • DPP v Beard 1920
      • Defence is unavailable if intoxicated state is voluntary (public policy)
    • AG for N. Ireland v Gallagher 1963
      • Drunken intent is still an intent
    • R v Lipman 1970
      • Automatism overlaps with the defence & cant be used if self induced
      • E.g. of prosecution aiming for a lesser offence
      • Voluntary intoxication is a defence to a crime of specific intent
        • DPP v Beard 1920
          • Defence is unavailable if intoxicated state is voluntary (public policy)
    • R v Majewski 1977
      • Decided no defence if basic intent (recklessness) voluntary intoxication
    • R v Allen 1988
      • Taken without knowledge - cant argue voluntary but failed to realise strength of drink
    • R v Kingston 1994
      • Drunken intent is still an intent
    • R v Tandy 1989
      • Diminished responsibility-D would have to show that alcoholism lead to abnormality of the mind
    • R v Fotheringham 1988
      • Cannot rely on the defence of mistake for a crime of basic intent (Lipman)
    • R v Hatton 2005
      • If the mistake is about amount of force needed in self defence then D wont have a defence
    • R v O'Grady 1987
      • Manslaughter is a basic intent crime so D could not use the defence
    • Criminal Justice and Immigration Act 2008 s.76(5)
      • Mistaken belief caused through D's voluntary intoxication will not provide a defence of self defence

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