Intoxication

What is basic intent?

Recklessness (R v Cunningham)

What is specific intent?

Direct (R v Mohan) or indirect (R v Woolin) intent to do something

What is the definition of intoxication as a defence?

Beard: If the jury is satisfied that the accused was, by reason of his drunken condition, incapable of forming the intent to kill or commit GBH, he cannot be convicted of murder

What is the fallback principle?

If the intoxicated D has committed a specific intent crime, they cannot be convicted because they cannot form the mens rea (intent) BUT they could get convicted of a basic intent offence instead

Murder “fallsback” to manslaughter which can be committed recklessly

If there is no appropriate basic intent offence, intoxication can become a complete defence

• Majewski

What about “Dutch courage”

Dutch courage is not a defence because the mens era was formed before the intox

• Gallagher

Legal principle of Kingston?

Involuntary intox does not negate a tendency to commit the crime

Allen?

The intox was still voluntary even though he did not realise the strength of it

Hardie?

If you take something and it has the opposite effect of what it was meant to have, that is involuntary intox

O’Grady

A mistake of fact is not okay (self-defence) if it has been induced by voluntary intox

Haggard v Dickinson?

Exception to drunken mistake rule (mistaken belief in owner’s consent)

Taj 2018?

Defence only applies when the D is drunk, not afterwards