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criminal
defences
intoxication
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Created by
summer halton
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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
)