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Criminal Law > Intoxication > Flashcards

Flashcards in Intoxication Deck (4)
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1
Q

DPP v Majewski

A

Intoxication will only be a defence for crimes of specific intent (i.e. crimes without element of recklessness). Otherwise, if the defendant argues he was drunk and had no mens rea, then this will be a defence.

2
Q

R v Kingston

A

Involuntary intoxication will not be a defence/cause the defendant to lack mens rea. However, it may affect the sentencing.

3
Q

Attorney General N.Ireland v Gallagher

A

Drinking for dutch courage will not negate the mens rea of the defendant.

4
Q

R v Lipman

A

Intoxication will be a defence for crimes of specific intent i.e. murder, but the defendant can still be found guilty of a lesser crime i.e. manslaughter.