intoxication

• define intoxication

  where drugs or alcohol have been taken which caused D's physical and mental control being markedly diminished.
• name the fallback offence for murder

  manslaughter
• voluntary intoxication for a basic intent offence is not liable for a defence
• if voluntary intoxication is for a specific intent offence we must ask if D formed the mens rea before intoxication
• what case is it for a voluntary basic intent offense?

  MAJWESKI
• if D formed mens rea before intoxication the defence is unavailable (AG V GALLAGHER)
• if D had no mens rea before intoxication the defence is available

  (R V LIPMAN)
• what is the test for cases of involuntary intoxication?

  did d form mens rea despite intoxication?
• if D formed mens rea before involuntary intoxication the defence is not available (KINGSTON)
• if D never had the mens rea before involuntary intoxication the defence is available