General Defences: Intoxication Definition, Mens Rea, Cases 2.0 / 5 based on 6 ratings ? LawLaw of TortA2/A-levelWJEC Created by: AnishaCreated on: 10-06-11 16:51 Intoxication is when D has consumed: Drugs and Alcohol 1 of 16 This defence is limited for certain circumstances, why? It would become overused 2 of 16 Voluntary drunkenness is not an excuse for misconduct DPP v Beard 3 of 16 Voluntary: Intoxicated by freewill 4 of 16 Involuntary: D is unaware of intoxication 5 of 16 Basic Intent: Mens Rea requires proof of recklessness 6 of 16 Specific Intent: Mens Rea requires proof of intention 7 of 16 Name the case: D, intoxicated, caused aggression assaulted 3V and 1PC Majewski 8 of 16 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 9 of 16 What case can be used for Specific Intent? AG for NI v Gallagher 10 of 16 What happened in this case? D decided to kill V and got drunk 11 of 16 Vs drink was spiked or taking drugs prescribed by doctor or taking drugs in a non-dangerous way Hypothetical examples of involuntary intoxication 12 of 16 Taking Valium, to calm down and then causing a fire is: Voluntary Intoxication 13 of 16 What case is this? Hardie 14 of 16 D is charged with buggery and indecent assault following drinking, did not realise the strength of the alcohol Allen 15 of 16 Was this intoxication allowed as a defence in this case? No 16 of 16
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