intoxication

What is intoxication

Putting doubt in the mind of the jury whether the D formed the necessary mens res

What are the special rules of intoxication

Voluntary or involuntary and specific or basic intent

What case defined voluntary intoxication and what is it

coley

Chosen to take an intoxicating substance.

Knowns the effects of taking prescribed drug will make them intoxicated

What is specific intent offences ?

Soecific intent offences are where intention will do for the men’s Rea such as murder , s18 OAPA, robbery, burglary, theft. Ect

What are basic intent offences ?

this is where recklessness will do for the men’s Rea for offences such as assault, battery, s47, s20

When is voluntary intoxication a defence? Add a case

Where the offence required specific intent, and the D is so intoxicated that he has been unable to form the men’s Rea for the offence he may have the defence as seen in the case of DPP v Beard.

Explain the case of DPP v beard

in this case D was charged with murder and put forward the defence that he was too intoxicated to have formed the MR for murder- specific intent offence.

Lord Birkenhead went on to the state the rule ‘if he was so drunk that he was in able of forming the intent required, he could not be convicted of a crime which could be committed only if the intent was proved.