Mental Capacity Defences: Intoxication

Flashcards covering key concepts related to mental capacity defenses and intoxication laws.

What is the effect of voluntary intoxication on specific intent crimes?

Voluntary intoxication can negate (cancel) the mens rea for a specific intent offence.

What is a key case related to voluntary intoxication and mens rea?

In Beard (1920), it was established that if the defendant had the necessary mens rea despite drunkenness, there is no defense.

Which case shows D can not use voluntary intoxication for defence of specific intent if it is to commit crime - “Dutch Courage”

AG for Northern Ireland V Gallagher

What must the prosecution prove in basic intent crimes related to intoxication?

The prosecution must prove that the defendant would have foreseen the risk if sober.

What distinguishes specific intent crimes from basic intent crimes?

Specific intent crimes require intention beyond the act itself, while basic intent crimes can involve recklessness.

What argument is made against offering a defense for voluntary intoxication?

It is unjust to offer a defense to those who are reckless enough to get drunk and become violent.

What constitutes involuntary intoxication?

Involuntary intoxication refers to situations where the defendant was unaware of consuming a toxic substance, such as spiked drinks.

What is the legal test for involuntary intoxication?

The test is 'Did the defendant have the necessary mens rea when he committed the offence?'

What was the outcome of the Kingston case (1994)?

In Kingston 1994, it was ruled that a drugged or drunken intent is still an intent.

What did the R v Majewski (1977) ruling establish about recklessness?

It established that recklessness is enough to constitute the necessary mens rea in assault cases.

What significant distinction did the Majewski case create?

Majewski created a distinction between specific and basic intent crimes.

Which case introduced a distinction between dangerous and non-dangerous drugs?

Bailey (1983) introduced the distinction between dangerous and non-dangerous drugs.

What is a potential outcome if a defendant did not form mens rea prior to involuntary intoxication?

If the defendant did not form mens rea prior to intoxication, they may be found not guilty even for crimes of basic intent.