Unit 3 LAW03 - Criminal Law or Contract Law (LAW7162)
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Criminal Law:Intoxication Mind Map (General Defences)
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Unit 3 LAW03 - Criminal Law or Contract Law (LAW7162)
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All of my law documents uploaded follow the AQA specification and are of A/A* quality. This mind map gives an overview of the elements of intoxication in criminal law.
Unit 3 LAW03 - Criminal Law or Contract Law (LAW7162)
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Intoxication
Intoxication Explanation
Involuntary Where the D is not aware that they are becoming intoxicated.
R v Kingston (1994): Was the D so intoxicated that they were unable to form the mens rea.
Voluntary Where the D becomes intoxicated by their own free will.
R v Sheehan and Moore (1975): States that intoxication is only a defence to specific intent crimes.
R v Lipman (1970) (Specific Intent): States that for specific intent crimes only, the D must be so intoxicated that
they are unable to form the mens rea.
DPP v Majewski (1976) (Basic Intent): States that being voluntarily intoxicated is a reckless course of conduct.
Additional Legal Issues:
> R v Hardie (1985): Taking a non-dangerous drug but in a reckless way will be voluntary intoxication.
> R v Allen (1988): It doesn’t matter whether D realises how intoxicated he’s becoming, this is still voluntary
intoxication.
> Attorney General For Northern Ireland v Gallagher (1963): Being intoxicated for Dutch courage is voluntary
intoxication.
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