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Summary Murder & Intention PQ Notes

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Comprehensive first class Criminal Law PQ notes from University College London (2018/2019). Notes include concise case summaries, key reasonings to reconcile conflicting case law and detailed answer outlines to problem questions

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Intoxication


a. Definitions
- Intoxication is a means of denying mens rea  serves as evidence to support the claim that D
did not have the mens rea to commit an offence

- Does not apply to strict liability offences

b. Not a Denial of Capacity
- Intoxication is not a denial of the capacity to form mens rea, but denying the actual formation
of mens rea

R v Cole
 V was evicted from pub for allegedly blowing down a girl’s neck
 D followed V out of the pub, smashed him in the head with a glass and continued to attack
him
 D convicted of s.18 OAPA offence, but appealed
 Conviction overturned as jury had been misdirected; does not matter whether D could form
MR, only matters whether she did form the MR

c. ‘Drunken Intent is Still Intent’

R v Kingston
 D had homosexual paedophiliac tendencies; drugged and placed in a room with a drugged
boy  D gave in to his tendencies
 D convicted of indecent assault; he accepted that he had committed the act but argued that
he would not have done it under ordinary circumstances

 Held that intoxication only serves as evidence to deny mens rea, but D had said that he
chose to do it, just that he would not ordinarily have done it  D admitted to having mens
rea

d. Involuntary Intoxication
- Making a mistake as to the alcohol or drug administered (eg. 13% instead of 5% alcohol) is only
a mistake about D’s ability to handle it  court will still hold that it is D’s fault

Ross v HM Advocate
 Someone spiked D’s drink
 After drinking it, D attacked strangers with a knife, causing injuries
 Held that D could claim involuntary intoxication as a defence; had not chosen to get into
the state he was in  lack of mens rea was plausible

R v Hardie
 D took valium and set V’s wardrobe on fire
 Held that even though valium was self-administered, it was taken for medical purpose + side
effects were not widely known  constituted involuntary intoxication

Connected book
 image
Jonathan Herring, Jonathan Herring Criminal Law
Publisher: Unknown ISBN: 9780198702276 Edition: 6

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