INTOXICATION

Question 1

What are the key questions for intoxication?

Answer 1

1. *Did D get voluntarily or involuntary intoxicated?
2. Did D commit a basic or specific intent crime?
3. Did D know what they were doing?*

Question 2

KQ1. What are the two types of intoxication? Give example cases.

Answer 2

Voluntary as in Allen.
Involuntary as in Hardie.

Question 3

Voluntary intoxication case

Answer 3

Allen

Question 4

Involuntary intoxication case

Answer 4

Hardie

Question 5

KQ2

Answer 5

There are 2 types of crime:
1. Specific intent crimes (intention only)
2. Basic intent crimes (intent or recklessness)
Voluntary intoxication is no defence to a basic intent crime - getting drunk is considered reckless (Majewski)

Question 6

KQ3

Answer 6

Did D know what they were doing?
Kingston - For involuntary intoxication, D needs to prove he had no MR or desire to commit the crime (D was so intoxicated they didn’t know what they were doing). Drunken intent is still intent
Gallagher - For specific intent crimes whilst voluntarily intoxicated, D needs to prove they had no MR or desire to commit crime. Same as ^^
Self-induced intoxocation doesn’t pass.

Question 7

Specific intent crime + voluntary intoxication case

Answer 7

Gallagher