Intoxication cases
- 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)
- DPP v Beard 1920
- 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
- DPP v Beard 1920
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