Intoxication - Unit 3

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  • Created by: Carissa
  • Created on: 05-06-15 16:35
Voluntary intoxication - crime of basic intent
Majewski 'his conduct in reducing himself to that condition supplies the evidence of mens rea sufficient for crimes of basic intent'
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Voluntary intoxicant - crime of specific intent
In their intoxicated state, did D form the required mens rea? YES - Guilty (Kingston, Lipman) NO - Not Guilty (no mens rea)
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Involuntary intoxicant
Was D reckless in the taking of the drink/drugs? YES - treated as a voluntary intoxicant NO - Did they form the required mens rea (Kingston) YES - Guilty, NO - Not guilty (Hardie)
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Mistake
Would D have made the same mistake when sober if NO - Treated as voluntary if YES - Law on mistake
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Kingston
Drunken intent is still intent
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Majewski
his conduct in reducing himself to that condition supplies the evidence of mens rea sufficient for crimes of basic intent
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Other cards in this set

Card 2

Front

In their intoxicated state, did D form the required mens rea? YES - Guilty (Kingston, Lipman) NO - Not Guilty (no mens rea)

Back

Voluntary intoxicant - crime of specific intent

Card 3

Front

Was D reckless in the taking of the drink/drugs? YES - treated as a voluntary intoxicant NO - Did they form the required mens rea (Kingston) YES - Guilty, NO - Not guilty (Hardie)

Back

Preview of the back of card 3

Card 4

Front

Would D have made the same mistake when sober if NO - Treated as voluntary if YES - Law on mistake

Back

Preview of the back of card 4

Card 5

Front

Drunken intent is still intent

Back

Preview of the back of card 5
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