intoxication and self defence

A-G for NI v Gallagher 1963

Drunken intent is still intent

DPP v beard

Voluntary intoxication may negate mens Rea for specific intent offences

Jaggard v Dickinson

Mistaken act against property due to intoxication but with honest belief that act is consensual is a defence

Hatton

Excessive force used in self defence as a result of intoxication is not a defence

Kingston

Involuntary intoxication with intent is still an offence despite involuntary nature of intoxication

Lipman

A mistake due to intoxication which affects mens Rea will provide a defence for specific intent offences but not. For basic intent offences

Majewski

Voluntarily consuming intoxicating substances is reckless and so mens Rea of basic intent offences is satisfied

O Grady

Excessive force used in self defence as a result of intoxication is not a defence

Sheehan and Moore

Voluntary intoxication may negate mens Rea for specific intent offences

A-G reference (no.2 1983) 1984

Self defence is available where d makes preparation to defend himself due to fear of attack

Collins v Secretary of State for justice

In householder cases, self defence is available unless force used was grossly disproportionate

Bird

D doesn’t need to show willingness to retreat

Clegg

Excessive force will negate the defence of self defence

Gladstone Williams

Mistaken use of force in self defence is permissible provided that it is a genuinely held mistaken belief

Hussain

Force used after danger has subsided will not count towards self defence