voluntary

Cards (6)

  • intoxication
    inability to form mr due to alcohol, drugs or other substances
    judge decides if there if evidence (groark)
    mistake induced by intoxication is no defence (o'grady)
  • voluntary intents
    specific - d has defence (Lipman) as long as he hasn't formed mr (Gallagher)
    basic - no defence, becoming intoxicated is reckless so enough for mr (majewski)
  • voluntary intoxication
    d has chosen to take drugs/alcohol
  • vi point 1
    defence for specific intent offences (murder) as long as intoxication stopped d from performing mr
    drugged intent is still intent (Sheehan and more)
    drank for 'dutch courage' to kill means there was intent (Gallagher)
  • vi point 2
    if d charged with a specific intent, consider fallback offence, intoxication is a partial defence
    took lsd, attacked his gf, though she was a snake (Lipman)
  • vi point 3
    no defence to basic intent offence
    voluntarily becoming intoxicated is reckless in itself, enough for mr (dpp v majewski)
    if d wouldn't have realised the risk even if sober (richardson and Irwin)