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defences
intoxication
voluntary
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Created by
tia marni
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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
)