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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