intoxication

• define involunarily intoxicated?

  The D isnt responsible for being intoxicated
• define voluntary intoxication?

  where the D is responsibile for intoxicated
• what are examples of basic intent offences?

  Section 20 offences against the person act 1861

  Section 47 offences against the person act 1861

  Section 39 criminal justice act 1988
• what are examples of specific intent offences?

  Murder, Section 18 offences against the person act 1861
• what is a basic intent offence?

  where intention or recklessness will satisfy the men's rea of the offence
• what is a specific intent offence?

  Where intention will only satisfy the offence's men's rea
• what is the defendant saying in pleading intoxication?

  At the time of the offence, the D didnt know what they were doing and couldnt control it due to the influence of alchol and or drugs
• what is the factor which will effect the potency of the defence of voluntary intoxication?

  Whether or not the offence was of specific or basic defence
• what is the result of successful intoxication plead?

  conviction of a lower charge, e.g. murder turns into GBH with intent
• what is the significance of the case of r v allen?

  If the D didnt realise the strength of the intoxication, the defence is still available
• What is the significance of the cases of r v O'grady and R v Hatton?

  They show that if the D makes a mistake due to intoxication, there are two possibilities of the effect of the Defence:In specific intent offences: this is still a defence if the mistake is about something which would mean the D doesnt have the Men's rea of the offence.In basic intent offences: The D has no defence
• What is the significance of the case of r v Taj?

  It's ruling emphasised how voluntary intoxication, even with the lingering effects, cannot and does not justify violence acts based on a mistaken belief- it reinforced the importance of accountability of one's actions while under the influence or due to the residual effects of drugs.
• what is the significance of the case of DPP v Majewski?

  Voluntary intoxication cant be used for basic intent offences
• What is the significance of the case of r v lipman?

  You can use the defence of voluntary intoxication if the offence is of specific intent- the effect of the intoxication must remove the D's Intention
• what is the significance of the case of attorney general for northern ireland v gallagher

  Where the D has necessary Men's Rea despite the intoxication, then they are still guilty- drunken intent is still intent.
• what is the significance of the case of r v Coley?

  It would still count as voluntary intoxication when a non dangerous drug was taken, but only if the D knows the likely effects of the drug in the quantities and circumstances in which it was consumed.
• What is the significance of the case of r v kingston?

  it shows that intoxication must remove the Men's Rea of the offence,

  
  

  For example: The D was a pedophile ( >:( ), he would have commited the crime regardless of the intoxication, and so he cant use this defence.
• what is the significance of the case of r v sheehan and moore?

  It states that even if the D is heavily intoxicated, they can still be found guilty of a specific intent offence if the had the required intent at the time of the crime.This is because the test that this case put forwards questions if the D actually formed the Men's Rea of the Offence rather than if they were capable to do so or not due to their intoxication.
• When can involuntary intoxication be used?

  f the intoxication removes the Men's Rea of the offence
• When would someone become involuntarily intoxicated?


  If they were drugged. If the D took meds in accordance to a prescription and instructions, but has a reaction to them
• Why can involuntary intoxication only be used if the MR is removed of the Offence?

  Often, intoxication makes people more likely to offend bc it removes inhibitions. So, the D must prove that they wouldnt have done X offence with or without their inhibitions.