Voluntary Intoxication

Question 1

Define Voluntary Intoxication

Answer 1

Where D chooses to become intoxicated. This can be a full, partial or no defence depending on the offence

Question 2

What is the Exam Structure you should follow for answering Voluntary Intoxication

Answer 2

1. Was Intoxication Voluntary
2. Is the offence Specific or Basic Intent.
3. Apply the Correct Rule

Question 3

What are the two types of the offence

Answer 3

• Specific Intent Crimes
• Basics Intent Crimes

Question 4

Explain Specific Intent Crimes

Answer 4

• Requires Intention Only
  Example: Murder, Theft, s18 GBH

Question 5

Explain Basic Intent Crimes

Answer 5

• Can be committed with Intention or Recklessness
  Examples: Assault/Battery, s20 GBH, Manslaughter

Question 6

What are the Rules for Specific Intent Crimes

Answer 6

• D has a defence if they did not form intent due to intoxication

Question 7

Give a case for being too intoxicated to form intent (Specific Intent)

Answer 7

R v Sheenhan and Moore - Too drunk to form intent, Murder reduced to manslaughter

Question 8

Give a case showing intent formed before intoxication (Specific Intent)

Answer 8

AG v Gallagher - Intent formed before drinking, no defence

Question 9

What is the Fall-Back Principle for Specific Intent Crimes

Answer 9

• If no intent, D may still be guilty of a lesser basic intent offence
  Examples: Murder -> Manslaughter

Question 10

What are the Rules for Basic Intent Crimes

Answer 10

No Defence if intoxication is Voluntary.

Question 11

What case shows that getting intoxicated is reckless (Basic Intent)

Answer 11

DPP v Majewski - Getting intoxicated = reckless, so MR is satisfied.
Legal Principle: D is guilty even if they did not intend the crime.

Question 12

Why for Basic Intent Crimes, Voluntary Intoxication is not a defence

Answer 12

• Basic intent crimes can be committed with recklessness.
• The law says “choosing to get intoxicated is itself reckless.”