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Exam Summary flowchart for Criminal Law - Intoxication- Distinction level $3.86
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Exam Summary flowchart for Criminal Law - Intoxication- Distinction level

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A summary flowchart to take you easily step-by-step through criminal law questions on the defence of intoxication. Achieved 78 in criminal GDL exam.

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  • December 3, 2021
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  • 2021/2022
  • Summary

2  reviews

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By: lucysc325 • 2 year ago

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By: neilward83 • 2 year ago

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Intoxication




Voluntary Involuntary

If D knew he was
drinking but D has no knowledg
underestimated the
al
effect his is voluntarily - unintended side effec
intoxicated, R v Allen
involuntary, R v Hardie
drug
MR for crime?
MR for crime?
Drunken mistakes
Cannot rely on - where D is mistaken in need
voluntary intoxication if for self defence due to
had MR for the crime voluntary intoxication the
before starting to drink, defence will fail, R v O'Grady
AG Northern Ireland v - Intoxicated person whose
Gallagher mistaken belief is induced by
drink/ drugs has no defence to
a charge of manslaughter/
murder, R v Hatton


YES NO YES NO




Basic intent crime Specific intent crime
- criminal damage - murder
- all sexual offences - theft
- manslaughter - burglary & robbery Specific intent crime
- OAPA (except s18) - s18 GBH

Voluntary intoxication can only be a
defence for specific intent crimes, DPP v
Majewski

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