Summary
Summary Intoxication
- Institution
- AQA
Includes: - Voluntary intoxication - Involuntary intoxication
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- Not a defence per se but can act asa defence by throwing doubt on R v Majewski – Voluntary intoxication only available for specific
the ability to form MR; intent crimes (crimes that have a AR and MR).
- Balanced against public policy.
Voluntary Intoxication Involuntary
Basic Intent = Must not be able to form MR completely (R v
Kingston)
Must be fully incapable of
Specific Intent = forming MR (R v Sheehan
and Moore)
Can include prescription drugs that have
unforeseen effects (R v Hardie).
Dangerous = Voluntary Intoxication
(R v Hardie)
Non – Dangerous = May be Voluntary Intoxication
if D didn't know of impact of drugs (R v Bailey)
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