General Defences: Intoxication

Definition, Mens Rea, Cases

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  • Created by: Anisha
  • Created on: 10-06-11 16:51
Intoxication is when D has consumed:
Drugs and Alcohol
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This defence is limited for certain circumstances, why?
It would become overused
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Voluntary drunkenness is not an excuse for misconduct
DPP v Beard
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Voluntary:
Intoxicated by freewill
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Involuntary:
D is unaware of intoxication
5 of 16
Basic Intent:
Mens Rea requires proof of recklessness
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Specific Intent:
Mens Rea requires proof of intention
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Name the case: D, intoxicated, caused aggression assaulted 3V and 1PC
Majewski
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What was the Ratio Decidendi?
D claimed that there was no intention to cause harm, but was decided that if you get drunk to that extent, then you are reckless
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What case can be used for Specific Intent?
AG for NI v Gallagher
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What happened in this case?
D decided to kill V and got drunk
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Vs drink was spiked or taking drugs prescribed by doctor or taking drugs in a non-dangerous way
Hypothetical examples of involuntary intoxication
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Taking Valium, to calm down and then causing a fire is:
Voluntary Intoxication
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What case is this?
Hardie
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D is charged with buggery and indecent assault following drinking, did not realise the strength of the alcohol
Allen
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Was this intoxication allowed as a defence in this case?
No
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Other cards in this set

Card 2

Front

This defence is limited for certain circumstances, why?

Back

It would become overused

Card 3

Front

Voluntary drunkenness is not an excuse for misconduct

Back

Preview of the front of card 3

Card 4

Front

Voluntary:

Back

Preview of the front of card 4

Card 5

Front

Involuntary:

Back

Preview of the front of card 5
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