Intoxication

HideShow resource information

Intoxication

1) WAS D INTOXICATED AT THE TIME OF THE OFFENCE?

2) WAS THE INTOXICATION VOLUNTARY OR INVOLUNTARY?

VOLUNTARY INTOXICATION ONLY DEFENCE FOR SPECIFIC INTENT CRIMES WHERE IT REMOVES THE MENS REA. NOT FOR BASIC INTENT EVEN IF NO MENS REA  

(MAJEWSKI)

IF INVOLUNTARY AVAILABLE FOR SPECIFIC AND BASIC PROVIDED NO MENS REA

(HARDIE - REACTION TO PRESCRIBED DRUG NOT EXPECTED SO INVOLUNTARY) (ALLEN - LACED DRINK NOT INCLUDE UNEXPECTEDLEY STRONG ALCOHOL) (AG OF NI V GALLAGHER - DUTCH COURAGE INTOX IS VOLUNTARY)

3) WAS THE CRIME BASIC OR SPECIFIC INTENT?

1 of 2

Intoxication 2

IF A SPECIFIC INTENT CRIME HAS A FALLBACK BASIC OFFENCE EG. S18 DOWN TO S20 GBH. 

(LIPMAN - FALLBACK OFFENCE TO MURDER WASS INVOL MANSLAUGHTER) 

(KINGSTON - INVOL INTOX STILL HAD MR, THEN GUILTY, DRUNKEN INTENT IS STILL INTENT)

2 of 2

Comments

No comments have yet been made

Similar Law resources:

See all Law resources »See all Criminal law resources »