1
Q
Majewski
A
The court drew a distinction between specific and basic intent crimes
2
Q
Specific intent crime
A
Crimes involving intention only e.g. Murder and GBH. The defence will be available but only if D was so intoxicated they could not form Mens Rea which is hard to get
3
Q
Basic intent crime
A
Crimes that can be committed recklessly e.g. Assault and battery. The defence will not be available because the fact D got so intoxicated is evidence of being reckless.
Richardson & Irwin - defence of voluntary intoxication may still be available but only if D would not have seen the risk of harm if sober
