INTOXICATION ( defence) (unit 3 and 4)


INTOXICATION: only works if it negates MR 

Voluntary intox - D has chosen to take an intoxicating substance ( can also work with prescription)

Involuntary intox - D isn't aware they are taking an intoxicating substance 

Specific intent - requires intention ( murder and s.18)

Basic intent - recklessness is enough ( assault, battery, s.47, s.20 and Invol manslaughter)

Vol intox and specific intent:

  • Lipman; intoxication negated D's MR for murder so provided D with a defence 
  • Gallagher; D still had…


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