Intoxication

Question 1

When will Intoxication work as a defence?

Answer 1

When it negates D’s mens rea

Question 2

What are the two things we need to work out?

Answer 2

1. Voluntary/Involuntary
   2.Basic/Specific Intent

Question 3

What is voluntary intoxication?

Answer 3

D has chosen to take an intoxicating substance e.g. Alcohol or illegal drugs

Question 4

When will prescription drugs be considered voluntary?

Answer 4

Where D knows the effect will make him intoxicated.

Question 5

What is involuntary intoxication?

Answer 5

D is not aware that he is taking an intoxicating substance e.g. a spiked drink or unusual effect of a prescription drug

Question 6

What is the legal principle in Allen?

Answer 6

If D knows he is taking an intoxicating substance but is unaware of its strength, this will be treated as VOLUNTARY intoxication.

Question 7

What is the legal principle in Hardie?

Answer 7

If D knows he is taking an intoxicating substance but is unaware of the effects it will have, this will be treated as an INVOLUNTARY intoxication.

Question 8

What Mr. do SPECIFIC intent crimes need and give examples.

Answer 8

Direct Intention only. Murder, S18 GBH, Theft/Robbery, Burglary (9(1)(a) and 9(1)(b) IF its based on a theft), Attempts.

Question 9

What Mr. do BASIC intent crimes need and give examples.

Answer 9

Direct Intention OR Recklessness. NFO (Assault, Battery, S47, S20), UAM/GNM, Burglary (9(1)(b) only S20 GBH)

Question 10

Voluntary and Basic case and LP.

Answer 10

DPP v Majewski. Voluntary intoxication will never be a defence to basic intent crimes as D will always have been reckless in becoming intoxicated, so will still have the required mens rea.

Question 11

Voluntary and Specific case and LP. Exception case?

Answer 11

Lipman. D will not be convicted of a specific Intent if the Intoxication prevents him from forming the Mens Rea of the offence.
AG for Northern Ireland v Gallagher. If D has the required Mr. of the specific intent offence (despite the intoxicated state), then he will be guilty . DRUNKEN INTENT IS STILL INTENT.

Question 12

Involuntary and Specific case and LP.

Answer 12

Kingston. If the Intoxication negates the Mr., then he will not be guilty of the specific intent crime. However, if D has the Mr. of the specific intent offence (despite the intoxication), he will be guilty. DRUGGED INTENT IS STILL INTENT.

Question 13

Involuntary and Basic case and LP

Answer 13

Hardie. When D is involuntary intoxicated, he has not been Reckless in becoming intoxicated. If D does not have the actual Mr. of the crime then, D will be found not guilty.