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3 Cards in this Set
- Front
- Back
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Intoxication |
-defence may be available -put doubt into jury's mind about whether D formed mens rea |
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Voluntary intoxication |
-when D has chosen to take an intoxicating substance and knows effect will make him intoxicated (R v Coley) -if specific intent without mens rea, defence is available (DPP v Beard)(Sheehan and Moore) -if specific intent with mens reas defence not available (murder, GBH with intent, theft, robbery, burglary) -Dutch courage doesn't count (R v Gallagher) |
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Involuntary intoxication (spiked drinks) (sopoforic drugs with unusual effect, RvHardie) (prescribed drugs with unusual effect, RvBailey) (intoxicants under duress) |
-R v Kingston, involuntary intoxication not a defence to someone who is proved to have necessary criminal intent -R v Allen intoxication still voluntary even if he didn't realise strength -R v Lipman voluntary intoxicated but didn't have MR for murder -R v Hatton, a drunken mistake about force required in self defence not a defence -O'Grady not limited to basic intent crimes R v Jaggard and Dickinson |
