Intoxication and Defences

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  • Created by: Emma13
  • Created on: 05-06-17 11:39
What did Majewski establish?
That only crimes of specific intent are able to rely on intoxication as a defence if the intoxication was voluntary. Offences which can only be committed intentionally are specific.
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What did R v Heard establish?
Basic intent crimes are all other offences that can be committed intentionally/recklessly including sexual offences. These offences cannot rely on the defence of intoxication if it was voluntary.
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For the defence of intoxication what offences are categorised as specific?
Murder,Possession with intent to supply,Theft,Robbery and GBH/Wounding s18.
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Does it matter what type of crime to raise the defence of intoxication if it was involuntary?
No can apply to any crime.
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What did Kingston establish?
A drugged intent is still an intent, D can never rely on intox (vol or invol) if D had MR for crime.
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What did Hardie establish?
Non-dangerous drugs will be treated as invol intox as long as the D was not actually reckless in taking the drug.
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What did AG for Northern Ireland v Gallagher establish?
Where a person forms the intention to kill and drinks in order to give themselves Dutch courage, they can not then rely on their intoxication to demonstrate they did not have the necessary mens rea.
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What did Williams(Gladstone) establish?
If someone makes a mistake for their need for self defence, usually they will be judged on their mistaken view of the facts. Defence is only applicable for intox mistakes to particular defences.
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What did O'Grady establish?
A defendant is not entitled to rely, so far as self-defence is concerned, upon a mistake of fact which has been induced by voluntary intoxication.
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What did Jaggard v Dickinson establish?
With criminal damage cases, can rely on a drunken mistake if they honestly believed that the person would have consented to the damage.
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what did Graham establish?
Test for duress, jury need to consider; Did d reasonably believe that if he didn't act he/fam would be killed/caused serious injury. Would a sober person of reasonable firmness,sharing characteristics of D not given into threats.
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What did Hudson & Taylor establish?
Duress -Test is whether the threat was operating on the mind of D at time he committed offence because he feared death/serious injury would ensue imminently.
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What did Sharp establish?
Duress -Defence n/a to someone who voluntarily associates with criminals who use violence since he must know that as an active member of the gang he might be subject to this type of pressure being put on him to commit offence.
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What did Howe establish?
Duress -Defence n/a to murder either as a principal or an accomplice (this overruled DPP for Northern Ireland v Lynch)
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What did Gotts establish?
Duress - defence n/a for attempted murder.
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What is the burden of proof for duress?
Evidential burden only,the P must disprove it beyond reasonable doubt.
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What did Beckford establish?
Common law defence of self defence, the violence used was lawful in the circumstance.
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What is the defence under s3 Criminal Law Act?
Statutory defence of self defence, person may use such force as is reasonable in circumstance in prevention of crime/effecting/assisting in lawful arrest of offenders or suspected offenders.
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What is the burden of proof for self defence?
Where an accused raises self defence/prevention of crime he has an evidential burden to discharge in relation to this.
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What does s76 Criminal Justice and Immigration Act do?
Differentiates between what is reasonable force in a 'householder' case and all other cases, extends rights of householder cases.
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Other cards in this set

Card 2

Front

What did R v Heard establish?

Back

Basic intent crimes are all other offences that can be committed intentionally/recklessly including sexual offences. These offences cannot rely on the defence of intoxication if it was voluntary.

Card 3

Front

For the defence of intoxication what offences are categorised as specific?

Back

Preview of the front of card 3

Card 4

Front

Does it matter what type of crime to raise the defence of intoxication if it was involuntary?

Back

Preview of the front of card 4

Card 5

Front

What did Kingston establish?

Back

Preview of the front of card 5
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