Intoxication

Cards (10)

  • Intoxication
    if the D has committed a specific intent crime and is voluntarily intoxicated they may have a defence if the intoxication negates the MR of the crime
  • Intoxication - Sheehan and Moore
    Shows this for the specific intent crime of murder
  • Intoxication - Lipman
    Voluntary intoxication couldn’t be a defence for manslaughter as it is a basic intent crime
  • Intoxication - MR
    If the D can still form the MR however, they will still be guilty as drunken intent is still intent
  • intoxication (AG v Gallagher)

    Dutch courage cannot be used as a defence
  • Intoxication - DPP v Majewski
    HL confirmed that voluntary intoxication cannot be a defence for basic intent crimes
  • Intoxication - involuntary
    Can be a defence for both specific and basic intent crimes as long as the MR has been negated
  • Intoxication - Hardie
    If the strength of a drug is unexpected, this might be involuntary intoxication
  • Intoxication - Allen
    Mistaking the strength of alcohol will be voluntary intoxication
  • Intoxication - Kingston
    If a D is involuntarily intoxicated but has the MR for the crime committed they can not have a defence of intoxication, intoxicated intent is still intent