Intoxication

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What type of defence is intoxication?
Common law defence.
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What is the leading case on intoxication and what is its principle?
Majewski - provides distinction between voluntary and involuntary intoxication.
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What is a crime of basic intent?
A crime which requires foresight of risk of harm. Recklessness is sufficient for mens rea.
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What is a crime of specific intent?
A crime which requires specific intention for the mens rea. Consequences are brought around purposely.
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For voluntary intoxication/basic intent, intoxication is not a defence. Why is this?
Becoming voluntarily intoxicated is considered a reckless act.
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Allen states 'it does not matter if...
...the D does not realise the strength of the intoxicant.'
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For voluntary intoxication/specific intent, if D is so intoxicated, he does not form the mens rea for the offence, he is not guilty. What case is used to support this?
Sheehan and Moore.
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What is the principle of AG for Northern Ireland v Gallagher?
A drunken intent is still an intent.
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For involuntary intoxication, what is the question asked for both crimes of basic and specific intent?
Did the D have the necessary mens rea when committing the offence?
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If the D did have the necessary mens rea whilst involuntary intoxicated, they are guilty. What case is used to support this?
Kingston.
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If the D was not reckless in getting intoxicated and so did not form the mens rea he cannot be guilty. What is the principle of Hardie?
Voluntary taking a drug that gives the opposite effect to what is expected, can lead to an involuntary intoxication defence.
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Other cards in this set

Card 2

Front

What is the leading case on intoxication and what is its principle?

Back

Majewski - provides distinction between voluntary and involuntary intoxication.

Card 3

Front

What is a crime of basic intent?

Back

Preview of the front of card 3

Card 4

Front

What is a crime of specific intent?

Back

Preview of the front of card 4

Card 5

Front

For voluntary intoxication/basic intent, intoxication is not a defence. Why is this?

Back

Preview of the front of card 5
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