intoxication

Cards (12)

  • raised when taking an intoxicating substance like drink or drugs
  • d needs to give evidence for intox
  • bop is on p
  • two issues - was it vol or invol - was the offence a basic or specific intent
  • voluntary is only a defence to specific intent
  • mens rea needs to be completly negated (sheeran v moore) (dpp v beard)
  • if mr is present then the d will not be able to raise the dfence (gallagher)
  • voluntary is never a defence to basic intent (majewski)
  • involuntary intoxication - didn't know they were taking a substance or due to duress
  • defence to all crimes but mr is negated (kingston)
  • if sedative drugs has opposite effects can rely on defence (hardie)
  • prescribed drug with unexpected effect can rely on it (bailey)