Law - Intoxication
- Created by: Janki
- Created on: 10-01-15 17:47
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- Intoxication
- Voluntary Intoxication
- Specific Intent
- Can be a partial defence, Not a full defence, reduces to a fall back offence (murder -> manslaughter, GBH S18 -> GBH S20
- Sheehan and Moore - intoxication may be a defence so long as D was too drunk to have formed the MR (negated)
- Not a defence if 'dutch courage'
- Gallagher - guilty as he already formed the MR to kill before becoming self-intoxicated
- Can be a partial defence, Not a full defence, reduces to a fall back offence (murder -> manslaughter, GBH S18 -> GBH S20
- Basic Intent
- Intoxication is not a defence: voluntarily becoming intoxicated is considered a reckless course of conduct and recklessness is enough to constitute the necessary MR
- Majewski - sufficient MR found, lowest level of MR for basic intent is recklessness
- Intoxication is not a defence: voluntarily becoming intoxicated is considered a reckless course of conduct and recklessness is enough to constitute the necessary MR
- Specific Intent
- Involuntary Intoxication
- Specific Intent
- Can be a defence if D has no MR
- Pearson - D not responsible if they are intoxicated by another, only if MR is negated
- If D has MR he is guilty
- Kingston - already had MR, drug was just a disinhibiter
- Can be a defence if D has no MR
- Basic Intent
- can be a defence
- Hardie - defence applicable if D has not been reckless in becoming intoxicated
- R v. Allen - not a defence to those who start drinking voluntarily but do not realise the strength of the drink
- can be a defence
- Specific Intent
- Voluntary Intoxication
- Intoxication is not a defence: voluntarily becoming intoxicated is considered a reckless course of conduct and recklessness is enough to constitute the necessary MR
- Majewski - sufficient MR found, lowest level of MR for basic intent is recklessness
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