general defences

Cards (6)

  • basic intent offences are offences which have recklessness in the mens rea e.g battery.
  • specific intent offences are offences which only have intention in the mens rea e.g wounding s18.
  • voluntary intoxication is never a defence for a basic intent crime. This is because the act of being intoxicated is reckless (R v Majewski).
  • if D is voluntarily intoxicated and has committed a specific intent crime, he must have the MR for the crime to be guilty (Sheenan v Moore). If he doesn't have the MR, he is not guilty (R v Gallagher).
  • Involuntary intoxication is a full defence for a basic intent crime as the act of becoming intoxicated was not voluntary and therefore not intended nor reckless (R v Hardie).
  • If D is involuntarily intoxicated and has the MR for a specific intent crime he is guilty of the offence (R v Kingston).