intoxication

explain what it covers

this covers intoxication by drink, drugs or other substances , there are tow types of intoxication voluntary and involuntary , it also depends on wether the crime was specific intent or basic intent

explain the first paragraph with cases

voluntary intoxication is where the defendant chooses to take an intoxicating substance ,wether or not d can use the defence of voluntary intoxication depends on wether the crime is a basic intent crime or specific- if the commit is crime with mr- no defence available

if they commit is crime with no mr- defence available - drunken intent is still intent - r v Sheehan and Moore

for basic intent crimes intoxication is never a defence due to it being seen as reckless conduct DPP v majewski

what are the cases for drunken intent-

r v Sheehan and Moore

gallagher- dutch courage - cannot rely on self induced drunkenness be cause of this

explain the second paragraph with cases

this is where the defendant did not know they were taking an intoxicating substance for example a lack of knowledge- d might get unknowingly spiked , in this case the defendant will look at the necessary mens rea for the offence that they committed , if they did they will be guilty- regardless of intoxication , if not they will be aquitted

r v Kingston