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Intoxication - Coggle Diagram
Intoxication
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Involuntary Intoxication
Defence to any crime
Ross v Lord Advocate - spiked his drink, killed someone, did not know what he was doing, defence allowed
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This is when the d does not knowingly or willingly become intoxicated, must be shown that the d failed to form the MR
Spiked drink
Kingston - had drink spiked and then he committed gross assaults on a young boy, he argued he would not have done it sober, he had the MR because he had urges
General
Connection with public policy, e.g. it is not in the public interest to have voluntary intoxication as a defence
Where the defendant has consumed drink or drugs both voluntarily and involuntarily it is for the jury to decide which caused the behaviour
Eatch - drugs and drinking, drink had strong drug in that he didn’t know about, he then attacked a man