Essay Structure:
Voluntary Intoxication
Defendant D may claim the defence of intoxication in relation to the offence of (apply to
case) committed against Victim (V). Drunken intent is still intent (R v Kingston). There are
two types of intoxication: voluntary and involuntary. Here D was voluntary intoxicated
through (apply to case)
Voluntary intoxication is where D out of his own free will decides to take an intoxicating
substance. Whether the defence is still available depends on if it is a specific or basic intent
crime. The general rule is that voluntary intoxication is only available for crimes of specific
intent like murder and S.18, not for crimes for basic intent (assault, battery). Majewski. If D
is voluntary intoxicated and commits a specific intent crime the defence may be available as
it may prevent D to form the necessary mensrea. (Lipman)
Note –
Charge could be reduced from S.18 to S.20, murder to VM
If D already formed MR before becoming intoxicated (Dutch courage) defence not
allowed – A-G v Gallagher
Here D was voluntarily intoxicated and has committed a basic intent crime (apply to case).
Defence may not be available as he out of his own will chose to (drink/take drugs - apply to
case). Based on Majewski he’s not allowed the defence.
Voluntary Intoxication
Defendant D may claim the defence of intoxication in relation to the offence of (apply to
case) committed against Victim (V). Drunken intent is still intent (R v Kingston). There are
two types of intoxication: voluntary and involuntary. Here D was voluntary intoxicated
through (apply to case)
Voluntary intoxication is where D out of his own free will decides to take an intoxicating
substance. Whether the defence is still available depends on if it is a specific or basic intent
crime. The general rule is that voluntary intoxication is only available for crimes of specific
intent like murder and S.18, not for crimes for basic intent (assault, battery). Majewski. If D
is voluntary intoxicated and commits a specific intent crime the defence may be available as
it may prevent D to form the necessary mensrea. (Lipman)
Note –
Charge could be reduced from S.18 to S.20, murder to VM
If D already formed MR before becoming intoxicated (Dutch courage) defence not
allowed – A-G v Gallagher
Here D was voluntarily intoxicated and has committed a basic intent crime (apply to case).
Defence may not be available as he out of his own will chose to (drink/take drugs - apply to
case). Based on Majewski he’s not allowed the defence.
