Law P1 SB > Intoxication > Flashcards

Intoxication Flashcards

(16 cards)

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1
Q

What is intoxication?

A
  • Failure to form mens rea due to alcohol/drugs/other substances
  • Defence depends on whether: intoxication was voluntary or involuntary, and whether its specific or basic intent
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2
Q

Specific intent offences

A

Intention must be proved for murder, s.18, property offences

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3
Q

Basic intent offences

A

Recklessness is enough for manslaughter, s.20, s.47, assault and battery

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4
Q

What specific offences become basic?

A
  • Murder becomes manslaughter
  • s.18 becomes s.20
  • Property offences have a full defence
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5
Q

Case for specific offences becoming basic

A

Sheehan and Moore

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6
Q

Voluntary intoxication (voluntary intoxication)

A

D has chosen to take an intoxicating substance, defence to specific intent offences if D is so intoxicated they cannot form mens rea

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7
Q

Case for still forming mens rea despite intoxicated state (voluntary intoxication)

A

Gallagher

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8
Q

Case for voluntary intoxication not being a defence to basic intent offenes (voluntary intoxication)

A

Majewski

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9
Q

Case for voluntary intoxication despite not knowing the strength of it (voluntary intoxication)

A

Allen

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10
Q

Involuntary intoxication (involuntary intoxication)

A

D did not know they were taking an intoxicating substance, e.g prescribed medication has an unpredictable effect

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11
Q

Case for involuntary intoxication (involuntary intoxication)

A

Hardie

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12
Q

What is involuntary intoxication a defence to? (involuntary intoxication)

A

Specific and basic intent offences

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13
Q

Case for forming mens rea despite intoxicated state (involuntary intoxication)

A

Kingston

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14
Q

Intoxicated mistake (involuntary intoxication)

A

If an intoxicated mistake is about self defence/prevention of crime, D will never have a defence

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15
Q

Statute for intoxicated mistake (involuntary intoxication)

A

s.76(5) Criminal Justice and Immigration Act 2008

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16
Q

Case for intoxicated mistake (involuntary intoxication)

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