Intoxication Defence
- Created by: Holly Jackson
- Created on: 16-12-15 13:12
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- Intoxication Defence
- Does D have the appropriate MR for the offence?
- No mens rea = not guilty
- Acquittal or Fall Back Offence
- Mens rea = guilty
- Gallahger
- No mens rea = not guilty
- Voluntary or involuntary intoxication
- Involuntary intoxication may include a spiked drink or unexpected effects or prescribed drugs
- Voluntary intoxication includes alcohol, drugs or other substances (e.g. glue sniffing)
- Type of intent
- Only allowed for specific intent offences (e.g. S18 and Murder)
- Sheehan & Moore
- Not allowed for basic intent offences
- Intoxicated state supplies sufficient evidence of mens rea as voluntarily becoming intoxicated is a reckless course of conduct
- Majewski
- Intoxicated state supplies sufficient evidence of mens rea as voluntarily becoming intoxicated is a reckless course of conduct
- Only allowed for specific intent offences (e.g. S18 and Murder)
- Drunken mistakes (basic intent only)
- if mistake negate mens rea = not guilty
- if the mistake is about the need to defend oneself = guilty
- Hatton
- O'Grady
- Does D have the appropriate MR for the offence?
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