Volintary intoxication
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9 Terms
When D knowingly…
Takes dangerous or unpredictable drugs/substances
Or knowingly…
Takes non-dangerous substance but understood its impact
It’s a full defence to specific intent crimes but not….
Basic intent
Why is it not a defence to basic intent ?
Because it’s enough to satisfy the mens rea of recklessness
Case for not a defence to basic Intent
Majewski
When it is a defence to specific intent offences ?
When D is so intoxicated they are unable to form the mens rea
Case for it’s a defence to specific intent offences
Lipman - took LSD and was unable to form the mens rea of murdering his girlfriend so charged for manslaughter
Case for not a defence however if D intoxicated but still capable of forming the mens rea, and “drunken intent is still an intent”
Kingston
Case for Dutch courage
Gallagher
Note 
Flashcards (74)