INTOXICATION

Cards (4)

  • The D was so intoxicated that he was incapable of forming the MR of the offence
  • Voluntary intoxication - specific intent 

    The D didn’t form the MR of the offence due to intoxication - not guilty verdict
    AG for Northern Ireland v Gallagher - drunk intent is still intent (Mohan)
  • Voluntary intoxication - basic intent 

    Not a defence but rather recklessness - change the MR to recklessness
    if the D didn’t know they would get intoxicated with what they took then they can use as a defence - Majewski
    Allen - didn’t realise strength of the intoxicant
  • Involuntary intoxication 

    Being drugged/ spiked
    R v Kingston - paedophilic tendencies - had intention
    Hardie - sets girlfriends wardrobe on fire - not reckless when taking tablets
    O’Grady - applies to specific and basic intent crimes