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Criminal Law: Capacity Defences

Voluntary intoxication by alcohol

  • 3 things to know
  • Components 2 and 3

Overview

Effect of voluntary intoxication on an offence of specific intent and dutch courage rule.

What you need to know

Answer each one before you reveal it.

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Key term

Is intoxication a defence in its own right?

Numbers

Which case governs voluntary intoxication?

Numbers

Why is voluntary intoxication no defence to a basic intent offence?

Questions from this subtopic

Each one with the model answer underneath.

  1. 1

    Is intoxication a defence in its own right?

    Model answer

    Intoxication is not a defence in its own right. Intoxication is relevant only where it prevents the defendant from forming the mens rea.

  2. 2

    Which case governs voluntary intoxication?

    Model answer

    DPP v Majewski [1977] governs voluntary intoxication. Voluntary intoxication is no defence to an offence of basic intent.

  3. 3

    Why is voluntary intoxication no defence to a basic intent offence?

    Model answer

    DPP v Majewski [1977] reasoned that becoming voluntarily intoxicated is itself a reckless course of conduct. The recklessness of getting drunk substitutes for the mens rea of the basic intent offence.

  4. 4

    What is the effect of voluntary intoxication on an offence of specific intent?

    Model answer

    Voluntary intoxication may prevent the formation of specific intent and so defeat the charge. The defendant is then usually convicted of the lesser basic intent offence.

  5. 5

    What happens to a defendant too drunk to form the intent for murder?

    Model answer

    A defendant unable to form the intent for murder is convicted of manslaughter instead. Manslaughter is the basic intent fallback offence.

  6. 6

    Does drunkenness excuse a defendant who did form the intent?

    Model answer

    R v Sheehan and Moore [1975] held that a drunken intent is still an intent. The question is whether the defendant actually formed the intent, not whether sobriety would have prevented it.

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