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Unit 3 Defences: Intoxication (Involuntary Intoxication: (If D was aware…
Unit 3 Defences: Intoxication
Voluntary Intoxication
Where D has chosen to take an intoxicating substance. Also where D knows that a prescribed drug will have an intoxicating effect
Specific Intent
: If D is so intoxicated that they have not formed the M.R they are not guilty (
DPP v Beard
)
Sheehan and Moore
: Ds were very drunk and threw petrol over a tramp and set him on fire. they were to drunk to form any specific intent so not guilty.
Gallager
: D decided to kill his wife. He bought a knife and a bottle of whiskey to give him self Dutch courage and then killed his wife. the planning illustrated intention so could not use the defence
Basic Intent:
Intoxication is no defence. voluntary becoming intoxicated is reckless in itself, therefore this fulfils the recklessness requirement.
DPP v Majewski
: d went of a pub crawl after taking drugs. he then attacked a man. getting drunk is reckless so fulfils the mens rea element so doesn't get the defence.
Richardson and Irwin:
Is also case authority for basic intent.
Involuntary Intoxication
:
Where D becomes intoxicated unintentionally
When D's drink was spiked, the key is that D must be drinking a non-alcoholic drink for the defence to be valid.
Allen:
D was given some home made wine. tried to claim that e was not voluntarily intoxicated because he didn't know how strong the wine was. but he could not claim the defence
If D was aware of the effect of the drug and takes the drug anyway he cannot claim the defence.
If drugs are taken medical advise the D would be involuntarily intoxicated as most are unaware of potential side effects.
Hardie
: If drugs caused a sedative state then D may not be able to claim Involuntary intoxication, as taking the drug could be reckless
Kingston:
Intoxication is not defence if D still formed the MR of the offence.
No defence if D can form M.R
Sheehan
: A drunken intent is still an intention, the mere fact D's mind was affected by drink so that he acted in a way in which he would not have done had he been sober, does not assist him at all if there was intention.
Press and Thompson:
2 men attacked another man at a burger van. Even if D's intention was formed in drink, it was nevertheless an intention.
There are two main stages to assess: Was it voluntary or involuntary intoxication? Was it specific or basic intent?