Criminal Law:Intoxication (General Defences) Exam Technique

Intoxication Exam Technique


Involuntary Intoxication (IDEA) Structure


I However, the defendant may be able to use the defence of intoxication.

D We must distinguish between involuntary and voluntary intoxication.
Involuntary intoxication is where the D is not aware that they have
become intoxicated.

E R v Kingston (1994) states was the D so intoxicated that they were
unable to form the mens rea.

A In this case… (Apply to case).

C Overall…


Voluntary Intoxication (IDEA) Structure


I However, the defendant may be able to use the defence of intoxication.

D We must distinguish between involuntary and voluntary intoxication.
Voluntary intoxication is where the D has become intoxicated by their
own free will.

E R v Sheehan and Moore (1975) states that intoxication is only a defence
to specific intent crimes.

(Specific Intent) R v Lipman (1970) states that for specific intent crimes
only, the D must be so intoxicated that they are unable to form the
mens rea.

(Basic Intent) DPP v Majewski (1976) states that being voluntarily
intoxicated is a reckless course of conduct.

E [R v Hardie 1985 states taking a non-dangerous drug but in a reckless
[Additional way will be voluntary intoxication.]
Legal
Issues] [R v Allen 1988 states 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 states being
intoxicated for Dutch courage is voluntary intoxication.]

A In this case… (Apply to case).

C Overall…