Intoxication Evaluation

These flashcards cover key concepts, legal cases, and proposals related to intoxication and its implications in criminal law.

What does the Law Commission report of 2009 address regarding intoxication?

It seeks to put the common law of intoxication into legislative form and distinguish between specific and basic intent offences.

How is intoxication classified in criminal law?

Intoxication can be classified as either voluntary or involuntary, with different legal implications.

What was the outcome of DPP v Majewski (1977)?

The decision ruled that a defendant could be guilty of a basic intent offence because getting drunk is considered a reckless course of conduct.

What is the main criticism of the Majewski rule according to the Law Commission?

The rule is considered arbitrary and unfair, as it ignores the principle that mens rea and actus reus must coincide.

In what significant way does Richardson and Irwin (1999) reformulate the consideration of intoxication in legal cases?

The case requires courts to consider whether the defendant would have realized the relevant risk if they had not been drinking.

What is the distinction between specific intent and basic intent in relation to intoxication as a defense?

If a defendant uses intoxication as a defense for a specific intent crime like murder, they may face a lesser charge like manslaughter; for basic intent crimes, there are no fallback offences.

What did the Kingston (1994) case establish regarding involuntary intoxication?

It established that a defendant can still be found guilty if they were capable of forming the necessary mens rea, despite being involuntarily intoxicated.

What significant public policy consideration surrounds the law of intoxication?

Intoxication is a major factor in the commission of many crimes, thus influencing legal responses and frameworks regarding liability.

According to the Law Commission, what was one proposal for reform regarding intoxication?

One proposal was to create a new offence of dangerous intoxication for individuals unable to form mens rea due to extreme intoxication.

What did the Butler Committee propose regarding intoxication in 1975?

The Committee proposed creating a new offence of 'dangerous intoxication' to balance public protection and the individual's rights.