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Criminal Defences

Intoxication, Specific and Basic Intent

  • 3 things to know
  • Paper 1

Overview

Recall questions on which offences fall into each category, the mens rea sufficing for basic intent, and the effect of voluntary intoxication.

What you need to know

Answer each one before you reveal it.

Your recallNot started
Numbers

Name three offences classified as specific intent crimes.

Key term

How is voluntary intoxication treated in relation to the recklessness element of basic intent crimes?

Key term

What is 'Dutch courage' in the context of intoxication?

Questions from this subtopic

Each one with the model answer underneath.

  1. 1

    Why is intoxication not considered a true defence?

    Model answer

    Because it does not justify or excuse conduct but may only negate the mens rea required for an offence.

  2. 2

    What fundamental distinction determines whether intoxication can be relied upon?

    Model answer

    Whether the intoxication was voluntary or involuntary.

  3. 3

    How is voluntary intoxication defined?

    Model answer

    Where the defendant freely chooses to consume alcohol or drugs knowing they are intoxicants.

  4. 4

    Give three circumstances that constitute involuntary intoxication.

    Model answer

    The defendant's drink was spiked, they took prescribed medication not knowing of its effects, or they were forced to consume intoxicants.

  5. 5

    Which case established the classification of crimes into specific intent and basic intent for intoxication purposes?

    Model answer

    DPP v Majewski.

  6. 6

    What mens rea requirement characterises specific intent crimes?

    Model answer

    They require proof of intention as the mens rea.

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