Intoxication

• Where does the law on intoxication come from?

  Common law
• What is the definition of intoxication?

  Whereby the defendant is claiming that their mental capacity for the offence, and therefore blameworthiness, is reduced due to the consumption of an intoxicating substance
• What are the two criteria for intoxication?

  1 . Whether the D. ingested an intoxicating substance voluntarily or involuntarily

  2 . Whether the D. committed a specific intent or basic intent offence
• What are some examples of intoxicating substances?

  Alcohol, illegal drugs, prescription medication, 'legal' highs
• What is voluntary intoxication?

  When the D. is aware that they are consuming an intoxicating substance
• What is involuntary intoxication?

  Where the D. is not aware they are consuming an intoxicating substance, or that it has been added to whatever they are consuming
• Voluntary intoxication can never succeed as a complete defence
• What is the test if the defendant is voluntarily intoxicated and commits a specific intent offence?

  At the time of the offence, did the D. have the required intent for the offence - if yes, the defendant will have no defence
• Which case states that "a drunken intent is still an intent" for voluntary intoxication when committing a specific intent offence?

  Galagher
• What does the case of Galagher say about voluntary intoxication when committing a specific intent offence?

  A drunken intent is still an intent
• Which case shows that if, for the test for voluntary intoxication and specific intent offences, the defendant had the intent before getting voluntarily intoxicated, there will be no defence?

  Galagher
• What does the case of Gallagher show about the test for voluntary intoxication and specific intent offences?

  If the D. had the intent before getting intoxicated there will be no defence
• What is the basic intent alternative to the specific intent offence of murder?

  Manslaughter (GNM or UAM)
• What is the basic intent alternative to the specific intent offence of s18 GBH?

  s20 GBH
• What is the basic intent alternative to the specific intent offence of Theft?

  No alternative
• What is the basic intent alternative to the specific intent offence of Robbery?

  No alternative
• What is the effect of a defence of VOLUNTARY intoxication on a charge of murder?

  Partial defence - will be reduced to manslaughter
• What is the effect of a defence of VOLUNTARY intoxication on a charge of s18 GBH?

  Partial defence - will be reduced to s20 GBH
• What is the effect of a defence of VOLUNTARY intoxication on a charge of Theft?

  Full defence - acquittal
• What is the effect of a defence of VOLUNTARY intoxication on a charge of Robbery?

  Full defence - acquittal
• What is the test for if the defendant is voluntarily intoxicated and commits a basic intent offence?

  No test, defence fails - defendant will be found guilty of the BI offence
• Which case states that if the defendant is voluntarily intoxicated and charged with a basic intent offence, that there is no test and the defence will fail?

  Majewski
• What is the test for if the defendant is involuntarily intoxicated (both basic and specific intent offences)?

  Did the defendant have the MR at the time of committing the offence

  If yes, no defence

  If no, defence succeeds - acquittal (no specific intent nor recklessness - no MR)
• Which case states that for the test for involuntary intoxication, if the defendant did have the MR at the time of committing the offence there is no defence?

  Kingston
• What does the case of Kingston tell us about intoxication?

  If the defendant had the MR at the time of committing the offence there's no defence
• What does the case of Majewski tell us about intoxication?

  IF the D. is voluntarily intoxicated and charged with a basic intent offence, there is no test and the defence will fail