Intoxication Essay Plan

Question 1

Law on intoxication

Answer 1

Kingston - not a defence per se but can vitiate mens rea

Can prevent creation of mens rea for specific intent but not basic intent crimes - Majewski

Question 2

Why should Intoxication be a defence?

Answer 2

• Intoxication leads to an impairment in reasoning -> Fair labelling principle Ashworth

* Involuntary = strongest argument

Although he formed intent he was involuntarily intoxicated. COURTS acknowledge mens rea could not be formed

Contrast with Hardie -> highlights strictness or poitential unfairness of the law

Arbitrariness - Basic intent will never be vitiated
- Too strict? NO

• Courts reasoning makes sense - forms pat of recklessnes

Gardner + Hoarder

Question 3

Why should Intoxication not be a defence?

Answer 3

Policy Reasons

Floodgate = every person will drink to get away from crimes

Deterrence

• Intoxicated individuals pose significant dangers to public
• Law must deter people from voluntarily putting themselves in a state where they may cause harm

***Slippery Slope = What about coffee or other types of drinks?
*

Retributivism = focus on result + harm as opposed to mental state

Rebuttal Normative should we be indicating that drinking and criming is moral?