3.3 Intoxication

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Last updated 8:42 PM on 5/4/26
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7 Terms

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Is intoxication a defence?

Intoxication is not a defence, it is used to either prove the existence or absence of mens rea.

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Specific Intent

Offences for which intention is the mens rea

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Basic Intent

Offences for which recklessness suffices ads the mens rea

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Sheehan and Moore (1974)

Voluntarily intoxicated defendants lacking mens rea will be deemed reckless and acquitted of specific intent offences

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DPP v Majewski [1977]

If the defendant is voluntarily intoxicated and has the mens rea, they are guilty

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Kingston [1994]

If the defendant is involuntarily intoxicated but still has the mens rea, they are guilty

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When is acquittal available for involuntary intoxication?

If the defendant is involuntarily intoxicated and lacks the mens rea