Define Voluntary Intoxication
D voluntarily consumes Alcohol or drugs commonly known to make people aggressive or out of control - [Majewski]
Define Involuntary Intoxication
when someone becomes intoxicated without their knowledge or consent
Define Specific Intent Crimes
Where Mens Rea is intention Only (Murder, theft, s18 GBH)
Define Basic Intent Crimes
Where Mens Rea includes intention and recklessness (s20 GBH, s47 ABH…)
Steps to establish Intoxication as a defence
1) Voluntary or Involuntary
2) How intoxicated? - Can D form MR?
3) If offence specific or basic intent?
Explain involuntary Intoxication as a defence (cases etc)
Defence to specific and Basic Intent crimes IF D HAS NO MR
- R v Hardie
- R v Kingston
Explain Voluntary intoxication for Specific intent Crimes
If no MR, not guilty (or lesser conviction)
- R v Lipman
If yes MR, Guilty
- R v Gallagher
Explain Voluntary intoxication for Basic intent Crimes
Guilty.
Intoxication is reckless, which is sufficient for MR
- DPP v Majewski
Explain Dutch Courage
D voluntarily intoxicates himself to commit crime
Defence not available
- R v Gallagher
How are Intoxicated mistake considered?
- R v O’Grady - No VI mistake
- R v Hatton - Confirms O’Grady to SI+BI
