Intoxication

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Last updated 9:34 AM on 6/19/26
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9 Terms

1
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R v Heard

merely drunk: D may do something they wouldn't do sober, but they are still aware they are doing it.

2
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R v Sheehan and Moore

drunken intent is still intent

3
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R v Coley

if a defendant commits a specific intent crime and could form the mens rea, then the defence of intoxication is unavailable

4
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R v Lipman

voluntary intoxication + specific intent crime = conviction of lesser basic intent crime if D couldn't form MR (e.g murder to UAM)

5
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DPP v Majewski

voluntary intoxication + basic intent crime = defence not available as becoming intoxicated is a reckless course of conduct

6
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R v Kingston

a drunken intent is still an intent. No defence for involuntary intoxication where the mens rea for the crime is present.

7
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R v Hardie

unknown side effects to medication and D does not have MR = defence (must have no recollection)

8
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R v Allen

when D does not know the strength of drugs/alcohol = still voluntary intoxication

9
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Att-Gen Ref for NI v Gallagher

MR formed before intoxication, 'dutch courage' is not a defence. A drunken intent is still intent.