Written by students who passed Immediately available after payment Read online or as PDF Wrong document? Swap it for free 4.6 TrustPilot
logo-home
Class notes

Intoxication and criminal liability

Rating
-
Sold
-
Pages
3
Uploaded on
05-01-2022
Written in
2020/2021

Intoxication and criminal liability

Institution
Course

Content preview

Intoxication and criminal liability: some questions

1. What is the difference between specific intent and basic intent?


In broad terms, specific intent refers to a mental element of intention, while
basic intent refers to a mental element of recklessness.

A crime is one of specific intent if it can be committed only with a mental
element of intention, and a crime is one of basic intent if it can be committed
with a mental element ‘lower’ than intention – ie, recklessness or ‘lower’.

It is arguably imperfect to refer to ‘crimes’ of specific or basic intent, because,
a crime may require different mental elements on the various elements of the
actus reus. For example, in the offence of rape, D must intend to penetrate, but
need only lack a reasonable belief as to whether V consents: so, the offence of
rape appears to have specific and basic intent elements. Perhaps it is better to
refer to elements rather than crimes of specific or basic intent.

The vocabulary of specific and basic intent seems to only be used in the context
of intoxication and criminal liability.




2. What is the significance of the distinction
between voluntary and involuntary intoxication? How does that
distinction connect with the principles of criminal law we looked at in the
week 8 plenary?


Remember, on the issue of criminal liability, the distinction is only significant at
all if the defendant is so intoxicated that they do not form the mens rea for the
offence.

Where D is intoxicated to that extent, if their intoxication is VOLUNTARY then
they will avoid liability for an offence of specific intent, but their intoxication
will NOT cause them to avoid liability for an offence of basic intent. In essence,
they can avoid liability for really serious offences, but not for less serious ones.

So, if D is so (voluntarily) intoxicated that he shoots and kills V, and his
intoxication is such that he thinks V is a dummy he regularly uses for target
practice, then D may avoid liability for murder because his intoxication has
prevented him from forming the (specific) intention to kill or cause gbh to a
person in being.
Note that there is a ‘fall-back’ situation here - D may well be liable for
manslaughter through gross negligence, because this is an offence for which
(specific) intention is not required.


Page 1 of 3

Written for

Institution
Study
Course

Document information

Uploaded on
January 5, 2022
Number of pages
3
Written in
2020/2021
Type
Class notes
Professor(s)
-
Contains
All classes

Subjects

CA$15.15
Get access to the full document:

Wrong document? Swap it for free Within 14 days of purchase and before downloading, you can choose a different document. You can simply spend the amount again.
Written by students who passed
Immediately available after payment
Read online or as PDF

Get to know the seller

Seller avatar
Reputation scores are based on the amount of documents a seller has sold for a fee and the reviews they have received for those documents. There are three levels: Bronze, Silver and Gold. The better the reputation, the more your can rely on the quality of the sellers work.
Dvacarciuc OCR
Follow You need to be logged in order to follow users or courses
Sold
158
Member since
7 year
Number of followers
115
Documents
182
Last sold
3 year ago

3.8

41 reviews

5
16
4
8
3
12
2
1
1
4

Recently viewed by you

Why students choose Stuvia

Created by fellow students, verified by reviews

Quality you can trust: written by students who passed their tests and reviewed by others who've used these notes.

Didn't get what you expected? Choose another document

No worries! You can instantly pick a different document that better fits what you're looking for.

Pay as you like, start learning right away

No subscription, no commitments. Pay the way you're used to via credit card and download your PDF document instantly.

Student with book image

“Bought, downloaded, and aced it. It really can be that simple.”

Alisha Student

Frequently asked questions