AQA Law Intoxication help?????

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new1234
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#1
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#1
Hi

I was reading a website (alevellawdoomby) and under intoxicated mistakes it says that voluntary intoxicated mistake is allowed for criminal damage but not self defence. It does not talk about involuntary intoxicated mistakes and I was wondering what the ruling for this was?

Thanks in advance!
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holland123
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#2
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For a basic intent crime you cannot rely on a drunken mistake- O'grady explains this.
For a specific intent crime (aggravated criminal damage) you could possibly rely on a drunken mistake as you cant form the mens rea.
If they argue drunken mistake for self defence-eg thinking they are being attacked so acted in 'self defence', you cannot rely on drunken mistake if voluntarily intoxicated- this applies for both specific and basic intent crimes.
Hope this helps
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Chichaldo
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#3
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Building on Holland, if you can still form the mens rea whilst intoxicated then it is still intent (Northern Ireland v Gallagher, drunken intent is still intent) however if one has no recollection of their acts because they were drunk and did not know what they were doing at the time, then their specific intent offence can drop to a basic intent offence or lower depending on the crime.
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new1234
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#4
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#4
(Original post by holland123)
For a basic intent crime you cannot rely on a drunken mistake- O'grady explains this.
For a specific intent crime (aggravated criminal damage) you could possibly rely on a drunken mistake as you cant form the mens rea.
If they argue drunken mistake for self defence-eg thinking they are being attacked so acted in 'self defence', you cannot rely on drunken mistake if voluntarily intoxicated- this applies for both specific and basic intent crimes.
Hope this helps
What if involuntarily intoxicated though? Is the rulling the same?
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AlexS101
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#5
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(Original post by new1234)
What if involuntarily intoxicated though? Is the rulling the same?
You can still form Mens Rea if involuntarily intoxicated, but if you are deemed to be too drunk to form MR involuntary intoxication can be a defence to both specific and basic intent offences.
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