intoxication

Cards (7)

  • What is a specific intent offence?
    Specific intent offences only have intent as the mens rea. recklessness is not valid.
  • What is a basic intent offence?
    Basic intent offences have recklessness in the mens rea as well as direct or oblique intent.
  • What are the specific intent offences?
    • Any crime with the word 'intention' in the MR.
    • Wounding GBH s18
    • Theft
    • Robbery
  • What are the basic intent offences?
    • Any crime that has 'recklessness' in the MR
    • Assault
    • Battery
    • ABH
    • Wounding GBH s20
    • UAM (MR for the first crime committed)
    • GNM
  • What is voluntary intoxication?
    Voluntary intoxication is where the defendant has chosen to take an intoxicating substance or knows that the effect of taking a drug will make them intoxicated.
  • What does DPP v Beard state about vol intox and specific intent?

    Voluntary intoxication can negate the mens rea for a specific intent offence If D is so intoxicated that he has not formed the mens rea.
  • What does R v Kingston outline about vol intox and specific intent?
    Voluntary intox is not a defence if mens rea is present.