Intoxication Defence

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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
    • 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
    • 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


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