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Criminal
Defences
Intoxication
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Created by
Jessica Admans
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Cards (12)
Raised
when taking
intoxicating
substance such as drink or drugs
Def needs
evidence
of intoxication
Burden of proof on
prosecution
to prove that def formed mens
rea
was intoxication voluntary or involuntary?
Basic
or
specific intent
crime?
Voluntary
intoxication only defence to
specific
intent crime
Mens rea should be completely negated for defence to succeed (
Sheerhan
and Moore) (DPP V
Beard
)
If mens rea is present, no defence (
Gallagher
)
Voluntary intoxication never defence to basic intent crimes (
Majewski
)
Involuntary intoxication
where def didn't know they were taking a substance or taking it due to
duress
Defence to all crimes but mens rea must be
negated
(
Kingston
)
If
sedative
drugs has opposite effects can rely on defence (
Hardie
)
Prescribed drug with unexpected effect can rely on it (
Bailey
)
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