Voluntary Intoxication

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Basic Intent Crime
The MR is recklessness or less i.e. assault, battery, ABH
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Specific Intent Crime
Where the MR is intention - if someone is voluntarily intoxicated and they commit a specific intent crime they may not have the MR of intention and so it will be negated to a basic intent crime i.e. murder to manslaughter
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DPP v MAJEWSKI 1977 stated:
self induced intoxication cannot be a defence to basic intent crimes
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HEARD 2007
a drunken intent is still an intent
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A.G REF for N.I v GALLAGHER 1963
taking a drink to give you the courage to act on an intent = not able to use intoxication to negate the MR
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R v HARDIE
taking a drug and it have the wrong effect may be a defence to voluntary intox - jury decides if taking the drug was reckless in the first place
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R v FOTHERINGHAM
drunken mistakes are no defence to crime BUT
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JAGGARD v DICKINSON
if the mistake was a genuine mistake that would have been made if the defendant was sober mistake can be used as a defence even if its induced by intoxication
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R v O'GRADY & R v HATTON
if the defendants acted in self defence, but this was a wrongful belief because of the self induced intoxicated state they were in they cannot rely on self defence as a defence.
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Card 2

Front

Where the MR is intention - if someone is voluntarily intoxicated and they commit a specific intent crime they may not have the MR of intention and so it will be negated to a basic intent crime i.e. murder to manslaughter

Back

Specific Intent Crime

Card 3

Front

self induced intoxication cannot be a defence to basic intent crimes

Back

Preview of the back of card 3

Card 4

Front

a drunken intent is still an intent

Back

Preview of the back of card 4

Card 5

Front

taking a drink to give you the courage to act on an intent = not able to use intoxication to negate the MR

Back

Preview of the back of card 5
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