Intoxication

HideShow resource information
  • Created by: 10dhall
  • Created on: 02-06-17 22:06
Facts on intoxication?
It is an aggravating factor (especially if the D put himself in that situation), is is in the public interest, is not a defence to strict liability
1 of 19
What are specific intent crimes?
Murder, theft, robbery, attempts
2 of 19
What are basic intent crimes?
Manslaughter, ****, assault, battery, sexual assault, wounding
3 of 19
What is a case where Lord Denning stated information?
Bratty 1963 - Lord Denning stated that if someone is so drunk they cannot be convicted of murder for example, the same facts can be convicted of a similar but less serious and basic intent offence such as manslaughter
4 of 19
What is a case considering an organ?
R v Heard (rubbed his organ on officers thigh), R v Woods (**** whilst intoxicated)
5 of 19
What case outlines the difference between specific and basic intent crimes?
DPP v Beard 1920 - appellant whilst intoxicated ***** a 13 year old girl and she died from suffocation, providing that if the D is so drunk they were not capable of having the level of mens rea needed for specific intent they will not be guilty
6 of 19
What situations can involuntary intoxication take place in?
Spiked drinks, taking medicines which have unusual side effects and taking a non dangerous medicine if not reckless to do so
7 of 19
What is the leading case on involuntary intoxication?
Kingston - D was known to have homosexual/pedophilloic tendencies and was blackmailed by a man. The man lured a 15 year old and ***** him, invited D to **** him when he was asleep. Did not remember anything, convicted of indecent assault
8 of 19
What is a leading case on voluntary intoxication?
Majewski 1977 - the D took amphetamines and alcohol, hit a police officer and accused of ABH (basic intent). He was convicted
9 of 19
What was stated in Majewski?
Lord Ewlyn stated that no matter how intoxicated a person is they cannot gain the defence if voluntarily intoxicated within basic intent crimes
10 of 19
What is a case involving homemade wine?
Allen 1998 - was given homemade wine but was much stronger than he thought, carried out buggery and indecent assault - he was guilty because they did not count it as involuntary as he knew what he was doing
11 of 19
What happened in a case concerning diabetes?
Bailey 1983 - D had been a diabetic for 30 years, split up with GF and went to her new BF's house. Took insulin, did not eat, brought an iron bar and hit him when he bent down to look for his glove - guilty
12 of 19
What is a case regarding intoxication and defences?
O'Connor - argued with the victim in a pub and mistakenly believed the V was going to hit him so he headbutted him which caused his death. Guilty of manslaughter
13 of 19
What are the principles arising from these cases?
Intoxication cannot excuse a mistake in the context of self defence, dutch courage is no defence, delirium tremens is insanity, if someone is intoxicated they cannot plead duress
14 of 19
What case states that a drunken intent is still an intent?
In Sheehan 1975 - a drunken intent is still an intent
15 of 19
What are other cases on basic intent?
DPP v Majewski, R v Heard, R v Woods
16 of 19
What are cases in relation to self defence?
R v Hatton
17 of 19
What are the problems with the law on intoxication?
Basic intent states automatic mens rea, confusing because mens rea comes before actus reus, not all specific crimes have a fall back offence, mens rea is judged from what D is thinking at the time when intoxication means they probably have forgotten
18 of 19
What are the reform proposals?
Intoxication covers alcohol and any other substance which has the effect of impairing control/awareness, if someone makes a drunken mistake they should not be acquitted, the burden of proof on the balance of the probabilities, automatism not a def
19 of 19

Other cards in this set

Card 2

Front

What are specific intent crimes?

Back

Murder, theft, robbery, attempts

Card 3

Front

What are basic intent crimes?

Back

Preview of the front of card 3

Card 4

Front

What is a case where Lord Denning stated information?

Back

Preview of the front of card 4

Card 5

Front

What is a case considering an organ?

Back

Preview of the front of card 5
View more cards

Comments

No comments have yet been made

Similar Law resources:

See all Law resources »See all Criminal law resources »