INTOXICATION mindmap LAW 03
- Created by: abic1
- Created on: 27-02-18 12:16
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- INTOX.
- Defendant argues that they are lacking mens rea due to intoxication
- Excessive drinking or drug taking
- Specific Intent Crimes
- Mens rea for specific intent is intention
- If prosecution cannot prove defendant had intention due to being extremely intoxicated, charge reduced to lesser offence
- Offences: s18 reduced to s20, murder reduced to manslaughter
- Basic Intent Crime
- Intoxication cannot be defence for basic intent crimes
- Mens rea for basic intent can be committed reckless, intoxication = reckless
- Offences: s39 assault and battery, s47 ABH, criminal damage
- Mens rea of recklessness is satisfied by intoxication FOTHERINGHAM
- Voluntary Intox.
- Basic Intent Crimes
- Intoxication substitutes for recklessness
- Cannot be used as defence for basic intent crimes BEARD
- Defendants cannot rely on drunkenness to avoid liability FOTHERINGHAM
- Specific Intent Crime
- Can be used as a defence to specific intent crimes MAJEWSKI RULES 1977
- Defendant could not for mens rea of intention if so heavily intoxicated
- Reduces charge from specific intent crime to basic intent crime LIPMAN
- If defendant had mens res before intoxication, cannot us defence GALLAGHER
- Dutch Courage Rule is not accepted
- Jury should consider if defendant would have reacted I n same way if sober RICHARDSON & IRWIN
- Drunken mistake that victim was consenting to horseplay = accepted defence RICHARDSON & IRWIN
- Genuinely but mistakenly believed victim was consenting = defence assault and battery AITKEN and JONES
- Basic Intent Crimes
- Involuntary Intox.
- Drink Spiked
- Drugged intent is still intent KINGSTON
- Intoxication negatives the mens rea = acquittal
- Sporoific Drugs
- Intoxication may be involuntary even if taken deliberately
- Unexpected side effects = involuntary intox. HARDIE
- Drugs taken under medical prescription
- Unexpected side effects from prescription drugs = involuntary intox so long as not reckless when taking them BAILEY
- Could be counted as non-insane automatism
- Drink Spiked
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