intoxication

Question 1

What is intoxication (OCR)?

Answer 1

A defence where the defendant was under the influence of alcohol or drugs at the time of the offence.

Question 2

Is intoxication a defence in itself?

Answer 2

No, it only applies to certain offences.

Question 3

What is voluntary intoxication?

Answer 3

When the defendant willingly consumes alcohol or drugs.

Question 4

Case for voluntary intoxication

Answer 4

R v Allen (1988).

Question 5

What is involuntary intoxication?

Answer 5

When the defendant is intoxicated without knowing or consenting.

Question 6

Case for involuntary intoxication

Answer 6

R v Kingston (1994).

Question 7

specific intent offence

Answer 7

An offence requiring intention beyond the actus reus.

Question 8

Examples of specific intent offences

Answer 8

Murder, s18 GBH.

Question 9

basic intent offence

Answer 9

An offence that can be committed recklessly.

Question 10

Examples of basic intent offences

Answer 10

s20 GBH, assault.

Question 11

Voluntary intoxication & specific intent offences

Answer 11

Can be used if intoxication prevents mens rea.

Question 12

Key case for specific intent

Answer 12

R v Sheehan and Moore (1975).

Question 13

Voluntary intoxication & basic intent offences

Answer 13

Not a defence.

Question 14

Key case for basic intent

Answer 14

DPP v Majewski (1977)

Question 15

Involuntary intoxication & mens rea

Answer 15

Defence only if defendant lacked mens rea

Question 16

Key case for involuntary intoxication

Answer 16

R v Kingston (1994)

Question 17

Can intoxication be used for mistakes?

Answer 17

Only for specific intent offences.

Question 18

Case on mistakes caused by intoxication

Answer 18

R v O’Grady (1987)

Question 19

What is Dutch courage?

Answer 19

Getting drunk to gain confidence to commit a crime.

Question 20

Is Dutch courage a defence?

Answer 20

No

Question 21

Key case for Dutch courage

Answer 21

A-G for Northern Ireland v Gallagher (1963)

Question 22

Does intoxication apply to drugs?

Answer 22

Yes

Question 23

Case involving drugs

Answer 23

R v Hardie (1985)

Question 24

Difference between dangerous and non-dangerous drugs

Answer 24

Dangerous drugs = voluntary intoxication

Question 25

One strength of intoxication rules

Answer 25

Protects public by preventing offenders escaping liability

Question 26

One weakness of intoxication rules

Answer 26

Distinction between basic and specific intent is unclear

Question 27

OCR evaluation phrase

Answer 27

The intoxication rules prioritise public protection over individual fairness

Question 28

DPP v Majewski (1977)

Answer 28

- (Voluntary intoxication → basic intent not a defence) - Recklessness in getting intoxicated satisfies mens rea for basic intent offences

Question 29

R v Sheehan and Moore (1975)

Answer 29

- (Murder – specific intent) - Intoxication may prevent formation of specific intent.

Question 30

A-G for Northern Ireland v Gallagher (1963)

Answer 30

- (Dutch courage – murder) - Intoxication used to gain confidence is no defence.

Question 31

R v Kingston (1994)

Answer 31

- (Involuntary intoxication – indecent assault) - Even involuntary intoxication is no defence if mens rea is present.

Question 32

R v Allen (1988)

Answer 32

- (Voluntary intoxication) - Defendant must voluntarily consume intoxicating substance.

Question 33

R v Hardie (1985)

Answer 33

- (Arson – non-dangerous drugs) - If drug is non-dangerous, intoxication may be treated as involuntary.

Question 34

R v O’Grady (1987)

Answer 34

- (Mistake due to intoxication – basic intent) - Intoxicated mistake cannot be used as a defence for basic intent offences.