all the cases you need to know about the general defence of intoxication

colour coded, easy to read case list for intoxication. includes case name, date, facts and the rule each case brought about

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  • Created on: 13-07-11 19:42
Preview of all the cases you need to know about the general defence of intoxication

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Emma Dixon
Case Facts Law...
R V Lipman 1970 D and V took LSD together. If D is "out of it" so that he
During trip D imagined he doesn't know what he's
was being attacked by snakes doing, the D may not have
and had to defend himself. required MR and therefore
Killed V by cramming 8" of not guilty.
sheet down her throat.
Acquitted, jury unsure of
intention being intox.
Manslaughter.
DPP V Majewski 1977 D and friend went to pub. Act of taking drugs/drink
Both men drunk. Majewski on voluntarily, creates MR of
amphetamines and recklessness (so can be
barbiturates. Friend got into guilty for crimes of basic
fight and D "defended" him. intent)
Landlord told them to get
out. D hit landlord. D said he
couldn't remember the
altercation. Convicted but
appealed
R V Hardie 1985 Took valium thinking it D not liable if he does not
would have a soporific effect. realise the effect of the
Had bad effect on him. drug will be negative.
Committed basic intent
crime. Did not realise risk so
NOT reckless. Not guilty.
R V Richardson and DD two students lifted Clarke LJ said that the
Irwin 1999 another over a balcony and question was not what
dropped him about 12 feet to another person would
the ground, causing him have foreseen but what DD
serious injuries. During themselves would have
horseplay following an foreseen had they been
evening's drinking. sober.
R V Kingston 1994 D indecently assaulted a Involuntary intoxication is
15-year-old boy who had not a defence to a
been drugged unconscious defendant who is proved
by P who then invited D to to have the necessary
sexually abuse the boy. D criminal intent when he
claimed that he had no committed the offence
recollection of the assault, as even if under the
his drink had also "been influence of drugs
laced" with drugs by the P, administered secretly to

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Emma Dixon
who photographed the the accused by a third
indecent act. party. A drugged intent is
STILL intent.
R V Fotheringham D raped the babysitter after Voluntary intoxication is
1988 arriving home with his wife. no defence to crimes of
Expecting to be returning basic intent.
late told the baby-sitter to
sleep in their bed. When the
couple returned home the
husband, got into the bed and
raped the baby-sitter.…read more

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