voluntary
Cards (7)
- X is voluntarily intoxicated because... This is a defence to specific intent crimes only not basic intent (Majewski).the difference between the two is that specific intent crimes have a higher form of mens rea whereas basic intent crimes have a lower mens rea.APPLY
- basic intent crimes:
- assault
- battery
- s47 abh
- s20 gbh
- involuntary manslaughter
- specific intent crimes:
- Murder
- S18 gbh
- theft
- robbery
- burglary
- However Richardson and Irwin provide that voluntary intoxication can be a defence for basic intent crimes a s well but only if the D would not have realised the risk had they been sober.
- However Kingston provides that it can only be used as a defence if the D was unable to form the mens rea.if the D is unable to form the mens rea then he will instead be guilty of a fall back basic intent offence.
- If the D drinks to give him/her dutch courage to commit the crime then this is not a defence even to specific intent crimes - Gallagher
- if the D is voluntarily intoxicated and makes a mistake because they are intoxicated then they cannot rely on the defence - o'grady and s76(5) of the criminal justice and immigration act 2008