Intoxication

• What type of defence is intoxication under common law?

  Common law defence
• What does intoxication prevent a defendant from forming?

  Mens rea
• Who decides if there is evidence of intoxication for the defence?

  The judge
• Is a mistake induced by intoxication a valid defence?

  No, it is not a defence
• What must be determined about intoxication to consider it voluntary?

  Was intoxication voluntary?
• What type of offences can involuntary intoxication be a defence for?

  All offences
• What is the legal status of voluntary intoxication in relation to basic intent offences?

  No defence
• What is the implication of becoming intoxicated voluntarily?

  It is a reckless course of action
• What happens if a defendant is charged with a specific intent offence?

  Consider if there is a fallback offence
• What was the outcome of Lipman’s case regarding intoxication?

  Not guilty of murder, convicted of manslaughter
• What is the ruling in DPP v Majewski regarding intoxication?

  No defence for basic intent offences
• What alternative approach did Richardson and Irwin present?

  If sober, D wouldn't have realized risk
• What constitutes involuntary intoxication?

  Spiked drugs or side effects of prescribed drugs
• What is the legal status of drugged intent according to Kingston?

  Drugged intent is still intent
• What was the outcome of Hattie's case regarding involuntary intoxication?

  Had a defence for all types of offence
• What was Hattie's reason for claiming involuntary intoxication?

  Did not know Valium could alter behaviour
• What type of offences does voluntary intoxication serve as a defence for?

  Specific intent offences
• What is the significance of Sheehan and Moore's ruling on drugged intent?

  Drugged intent is still considered intent
• How does Gallagher's case illustrate the concept of intent in intoxication?

  Drank for courage to kill indicates intent
• What is the relationship between intoxication and mens rea in basic intent offences?

  Intoxication does not negate mens rea
• What is the legal implication of reckless behaviour in intoxication cases?

  Recklessness is enough for mens rea
• What does the term 'fallback offence' refer to in intoxication cases?

  A lesser charge if specific intent is not proven
• How does the concept of mens rea apply to involuntary intoxication?

  Involuntary intoxication negates mens rea