Intoxication
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Last updated 12:12 PM on 1/20/25
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6 Terms
1
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What are the elements of Intoxication
* There must be an absence of mens rea prior to intoxication
* Available for specific intent crimes
* Not available for basic intent crimes
* Available for specific intent crimes
* Not available for basic intent crimes
2
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R v Kingston
D cannot have the defence as “drunken intent is still intent”
3
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R v Gallagher
If drank to give “Dutch Courage” cannot have defence
4
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R v Hardie
Involuntary intoxication can be by prescribed drugs, soporific drugs or spiked drinks
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R v Allen
Not realising the strength of a drink is not a defence
6
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R v Hatton
If D is mistaken about something due to intoxication, he may still have a defence if the crime is a specific intent
However, if the mistake relates to self-defence and misjudging the amount of force that is reasonable, the defence is not available
However, if the mistake relates to self-defence and misjudging the amount of force that is reasonable, the defence is not available
Note 
Flashcards (77)