Criminal Law: Defences to Offences
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Questions and Answers

What is intoxication considered as in the context of criminal law?

  • A mitigating circumstance
  • A defence
  • A denial of Mens Rea (correct)
  • An excuse for criminal behaviour

    • In R v Kingston, what was the court's ruling regarding a drunken intention?

  • A drunken intention is not an intention
  • A drunken intention is still an intention (correct)
  • The defendant must prove their own innocence
  • The prosecution must prove the defendant's innocence

    • In R v Hardie, what was the court's ruling regarding the valium tablets taken by the defendant?

  • Valium is not a dangerous drug and the defendant had no reason to believe it would lead to reckless behavior (correct)
  • The defendant should have known that valium would cause reckless behavior
  • Valium is a dangerous drug that can lead to reckless behavior
  • The defendant's actions were entirely voluntary

    • When can a defendant deny an offence due to intoxication?

    <p>When they voluntarily take a dangerous intoxicant</p> Signup and view all the answers

    What is the significance of R v Kingston in the context of intoxication and criminal law?

    <p>It held that a drunken intention is still an intention</p> Signup and view all the answers

    What is the relationship between intoxication and Mens Rea?

    <p>Intoxication is a denial of Mens Rea</p> Signup and view all the answers

    What is the condition for D's intoxication to be considered voluntary?

    <p>D drank a large amount of wine that his friend gave him</p> Signup and view all the answers

    What are the four elements required for D to be liable due to intoxication?

    <p>D's intoxication was voluntary, D's offence is of basic intent, D's substance is dangerous, and D's lack of MR is due to intoxication</p> Signup and view all the answers

    What is the effect of D's voluntary intoxication on liability for a basic intent offence?

    <p>D's voluntary intoxication replaces the absent MR</p> Signup and view all the answers

    What is the significance of the case R v Harris?

    <p>Intoxication must be voluntary for prior fault to be found</p> Signup and view all the answers

    What is the difference between basic intent and specific intent offences?

    <p>Basic intent offences require recklessness, while specific intent offences require MR</p> Signup and view all the answers

    What is the significance of the case AG for Nothern Ireland v Gallagher?

    <p>D's intoxication at T1 was held to be not a substitute for the MR at T2</p> Signup and view all the answers

    What is required for the substance to be considered dangerous?

    <p>The substance must be commonly known to lead to aggression or unpredictability</p> Signup and view all the answers

    What is the significance of the case R v Richardson and Irwin?

    <p>D's lack of MR due to intoxication was not a defence for the basic intent offence</p> Signup and view all the answers

    What is the effect of D's intoxication on liability for a specific intent offence?

    <p>D's intoxication is a defence for a specific intent offence</p> Signup and view all the answers

    What is the significance of the case R v Hardie?

    <p>Voluntary intoxication with a harmless substance is not blameworthy</p> Signup and view all the answers

    Involuntary intoxication can never be considered as prior fault in criminal law.

    <p>True</p> Signup and view all the answers

    A defendant can be liable for a specific intent offence if they voluntarily intoxicate themselves and commit the offence.

    <p>False</p> Signup and view all the answers

    The defendant's prior fault in intoxication can be considered as Mens Rea for a basic intent offence.

    <p>True</p> Signup and view all the answers

    A defendant who commits a basic intent offence while voluntarily intoxicated can be considered as having formed a Mens Rea for the offence.

    <p>False</p> Signup and view all the answers

    The case of R v Harris established that psychosis induced from withdrawal from alcohol is equivalent to voluntary intoxication.

    <p>False</p> Signup and view all the answers

    The defendant's lack of Mens Rea due to intoxication can be a defence for a specific intent offence.

    <p>True</p> Signup and view all the answers

    A defendant who voluntarily intoxicates themselves to commit a specific intent offence can be considered as having formed a Mens Rea for the offence.

    <p>True</p> Signup and view all the answers

    The court's focus in 'Dutch Courage' cases is on the defendant's Mens Rea at the time of intoxication.

    <p>False</p> Signup and view all the answers

    A defendant's intoxication with a harmless substance can be considered as prior fault in criminal law.

    <p>False</p> Signup and view all the answers

    The case of R v Richardson and Irwin established that the defendant's lack of Mens Rea due to intoxication can be a defence for a basic intent offence.

    <p>False</p> Signup and view all the answers

    A defendant's intoxication is always considered a defence in criminal law.

    <p>False</p> Signup and view all the answers

    In R v Kingston, the court ruled that a drunken intention is not an intention.

    <p>False</p> Signup and view all the answers

    In R v Hardie, the defendant was found liable for arson with intention or recklessness as to endangerment of life.

    <p>True</p> Signup and view all the answers

    A defendant's intoxication will always lead to a lack of Mens Rea.

    <p>False</p> Signup and view all the answers

    Only dangerous drugs can lead to a denial of Mens Rea due to intoxication.

    <p>True</p> Signup and view all the answers

    Voluntary intoxication can lead to a defence in criminal law.

    <p>False</p> Signup and view all the answers

    In the context of criminal law, what is intoxication considered as?

    <p>A denial of Mens Rea</p> Signup and view all the answers

    What was the court's ruling in R v Kingston regarding a drunken intention?

    <p>A drunken intention is still an intention</p> Signup and view all the answers

    What is required for a defendant's intoxication to be considered voluntary?

    <p>The defendant must have voluntarily taken a dangerous substance</p> Signup and view all the answers

    What is the significance of R v Hardie in the context of intoxication and criminal law?

    <p>It established that valium is not a dangerous drug and the defendant had no reason to believe it would lead to actions it caused</p> Signup and view all the answers

    What is the effect of a defendant's intoxication on liability for a specific intent offence?

    <p>The defendant's intoxication can be a denial of Mens Rea</p> Signup and view all the answers

    What is the relationship between intoxication and Mens Rea?

    <p>Intoxication can be a denial of Mens Rea if it was voluntary</p> Signup and view all the answers

    Can a defendant who voluntarily intoxicates themselves to commit a specific intent offence be considered as having formed a Mens Rea for the offence?

    <p>Yes, as they have formed a prior intention to commit the offence</p> Signup and view all the answers

    What is the focus of the court in 'Dutch Courage' cases?

    <p>The defendant's Mens Rea at the time of intoxication</p> Signup and view all the answers

    Can a defendant's lack of Mens Rea due to intoxication be a defence for a specific intent offence?

    <p>Yes, as they lacked the necessary Mens Rea due to their intoxicated state</p> Signup and view all the answers

    What is the significance of intoxication in the context of criminal law?

    <p>It is a denial of Mens Rea</p> Signup and view all the answers

    What is the outcome for a defendant who commits a basic intent offence while voluntarily intoxicated?

    <p>They are liable for the offence, and their intoxication is considered as a substitute for the Mens Rea they lacked</p> Signup and view all the answers

    What is the significance of the 'Dutch Courage' cases in the context of intoxication and criminal law?

    <p>The defendant's blameworthy conduct is not merely their choice to become voluntarily intoxicated, but their intention to commit the offence</p> Signup and view all the answers

    What is the outcome for a defendant who commits a specific intent offence while voluntarily intoxicated?

    <p>They are liable for the offence, but only if they formed a Mens Rea for the offence</p> Signup and view all the answers

    What is required for a substance to be considered dangerous in the context of intoxication and criminal law?

    <p>The substance must be commonly known to lead to aggression or unpredictability</p> Signup and view all the answers

    What is the relationship between intoxication and prior fault in criminal law?

    <p>Intoxication can be considered as prior fault if it is voluntary and the substance is dangerous</p> Signup and view all the answers

    What is the outcome for a defendant who lacks Mens Rea due to involuntary intoxication?

    <p>They are not liable for the offence, and their intoxication is considered a defence</p> Signup and view all the answers

    What is the significance of the case of R v Allen in the context of intoxication and criminal law?

    <p>The court established that a defendant's prior fault in intoxication can be considered as Mens Rea for a basic intent offence</p> Signup and view all the answers

    What is the difference between basic intent and specific intent offences?

    <p>Basic intent offences are those that can be satisfied by recklessness, while specific intent offences require a specific intention</p> Signup and view all the answers

    What is required for a defendant to be liable due to intoxication?

    <p>The defendant's intoxication must be voluntary, the substance must be dangerous, and the offence must be of basic intent</p> Signup and view all the answers

    What is the outcome for a defendant who becomes intoxicated at T1 in order to commit a specific intent offence at T2?

    <p>The defendant's blameworthy conduct is not merely their choice to become voluntarily intoxicated, but their intention to commit the offence</p> Signup and view all the answers

    Intoxication is a full defence in criminal law.

    <p>False</p> Signup and view all the answers

    A drunken intention is still considered an intention in criminal law.

    <p>True</p> Signup and view all the answers

    A defendant who takes a harmless substance and commits an offence can be liable for that offence.

    <p>True</p> Signup and view all the answers

    Voluntary intoxication can never be a defence in criminal law.

    <p>True</p> Signup and view all the answers

    The court's focus in 'Dutch Courage' cases is on the defendant's actions prior to intoxication.

    <p>False</p> Signup and view all the answers

    Involuntary intoxication can be a defence in criminal law.

    <p>True</p> Signup and view all the answers

    A defendant who commits a specific intent offence while voluntarily intoxicated can be liable for that offence.

    <p>True</p> Signup and view all the answers

    Only dangerous drugs can lead to a denial of mens rea due to intoxication.

    <p>False</p> Signup and view all the answers

    A defendant's lack of mens rea due to intoxication can never be a defence in criminal law.

    <p>False</p> Signup and view all the answers

    Intoxication is always considered a denial of mens rea in criminal law.

    <p>True</p> Signup and view all the answers

    In a specific intent offence, a defendant's intoxication can replace the absent Mens Rea.

    <p>False</p> Signup and view all the answers

    A defendant who voluntarily intoxicates themselves to commit a specific intent offence can be considered as having formed a Mens Rea for the offence.

    <p>False</p> Signup and view all the answers

    Involuntary intoxication can be considered as prior fault in criminal law.

    <p>False</p> Signup and view all the answers

    A defendant who lacks Mens Rea due to involuntary intoxication can still be liable for a basic intent offence.

    <p>False</p> Signup and view all the answers

    Voluntary intoxication with a harmless substance can be considered as prior fault in criminal law.

    <p>False</p> Signup and view all the answers

    A defendant who commits a basic intent offence while voluntarily intoxicated can be considered as having formed a Mens Rea for the offence.

    <p>True</p> Signup and view all the answers

    R v Harris established that psychosis induced from withdrawal from alcohol is equivalent to voluntary intoxication.

    <p>False</p> Signup and view all the answers

    In R v Kingston, the court ruled that a defendant's drunken intention can be considered as Mens Rea.

    <p>True</p> Signup and view all the answers

    A defendant's intoxication with a dangerous substance can always lead to a denial of Mens Rea.

    <p>False</p> Signup and view all the answers

    The court's focus in 'Dutch Courage' cases is on the defendant's Mens Rea at the time of the offence.

    <p>False</p> Signup and view all the answers

    Study Notes

    Doctrines of Denial of Offence

    • Intoxication, automatism, and insanity can serve as doctrines where defendants (D) claim lack of Mens Rea (MR) for their actions.
    • Intoxication is seen primarily as a denial of MR, rather than a defense.
    • R v Kingston established that even in an intoxicated state, intention remains intention; a drunken intent constitutes MR.
    • R v Hardie ruled that valium is not a dangerous drug, illustrating that lack of blameworthiness requires a dangerous intoxicant.
    • R v Allen highlighted that voluntary consumption of alcohol contributes to liability.

    Grounds for Liability Due to Intoxication

    • Liability is possible when intoxication results from prior fault (D voluntarily intoxicated).
    • Essential elements for liability include:
      • D's intoxication must be voluntary.
      • The offense must be of basic intent, not specific intent.
      • The intoxicant must be dangerous, leading to aggression or unpredictability.
      • D's lack of MR must stem from the intoxication.

    Distinction Between Basic and Specific Intent

    • Basic intent crimes can result in liability if intoxication can replace absent MR.
    • Specific intent focuses solely on whether D had MR at the time of the offense.
    • Examples of basic intent offenses include manslaughter, assault, and criminal damage.
    • Examples of specific intent offenses include murder and robbery.

    Dutch Courage Cases

    • Describes situations where intoxication is sought to commit a specific intent offense.
    • AG for Northern Ireland v Gallagher exemplified that intoxicated MR is still considered MR if D planned the harm while intoxicated.

    Definition of Dangerous Intoxicants

    • A dangerous intoxicant is known to cause unpredictability or aggression; examples include alcohol and LSD.
    • Voluntary intoxication with harmless substances does not imply blameworthiness.

    Effect of Intoxication on MR

    • For liability, intoxication must directly cause the lack of MR.
    • R v Richardson and Irwin case involved D's appeal due to being heavily intoxicated; D claimed inability to foresee injury caused by actions while intoxicated.

    Concluding Notes

    • Intoxication serves as a complex legal concept functioning as both a potential denial of MR and a pathway to liability, impacted by the nature of the drug and the intent behind its use.
    • Understanding the nuances of basic vs. specific intent is crucial to interpreting liability outcomes in intoxication cases.### Doctrines Denying Offence
    • Intoxication, automatism, and insanity serve as doctrines where defendants (D) deny an offence by claiming lack of mens rea (MR).
    • Intoxication results in a claim of non-existence of MR due to the affected mental state.
    • Automatism is argued as a defense where D's actions were involuntary, thus lacking MR.
    • Insanity is claimed when a disease of the mind prevents D from forming MR.

    Intoxication as a Denial of Mens Rea

    • Intoxication is frequently viewed as a denial of MR rather than a full defense.
    • The principle asserts that intoxication does not absolve D of responsibility; they claim they did not have the requisite MR due to intoxication.

    Case Law Illustrations

    • R v Kingston:

      • Facts: D was drugged and subsequently assaulted a minor while incapacitated.
      • Legal Outcome: The court determined that an intoxicated intention constitutes an intention; therefore, intoxication does not negate MR. It is up to the prosecution to establish all case elements, not for D to prove innocence.

    • R v Hardie:

      • Facts: D took valium and caused a fire in a wardrobe, leading to charges of arson with the intent to endanger life.
      • Legal Outcome: The court concluded valium was not classified as a dangerous drug, and D had no reasonable expectation that its use would result in harmful actions. Only voluntary consumption of dangerous intoxicants would render D sufficiently blameworthy for MR.
    • Intoxication claimed by D must show that MR is absent; mere drunkenness does not eliminate intention.
    • The prosecution bears the burden to prove the existence of all elements of the offence despite D’s claims of intoxication or insanity.
    • The nature of the intoxicant plays a critical role in determining the presence of MR.

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    Test your understanding of criminal law defences, including intoxication, automatism, and insanity, and how they relate to mens rea. Learn about key cases like R v Kingston and how they impact criminal liability.

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