new1234
Badges: 17
Rep:
?
#1
Report Thread starter 3 years ago
#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!
0
reply
holland123
Badges: 0
Rep:
?
#2
Report 3 years ago
#2
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
0
reply
Chichaldo
Badges: 21
Rep:
?
#3
Report 3 years ago
#3
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.
0
reply
new1234
Badges: 17
Rep:
?
#4
Report Thread starter 3 years ago
#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?
0
reply
AlexS101
Badges: 19
Rep:
?
#5
Report 3 years ago
#5
(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.
0
reply
X

Quick Reply

Attached files
Write a reply...
Reply
new posts
Back
to top
Latest
My Feed

See more of what you like on
The Student Room

You can personalise what you see on TSR. Tell us a little about yourself to get started.

Personalise

What factors affect your mental health the most right now?

Anxiousness about lockdown easing (192)
5.04%
Uncertainty around my education (555)
14.56%
Uncertainty around my future career prospects (427)
11.2%
Lack of purpose or motivation (525)
13.78%
Lack of support system (eg. teachers, counsellors, delays in care) (189)
4.96%
Impact of lockdown on physical health (228)
5.98%
Loneliness (319)
8.37%
Financial worries (141)
3.7%
Concern about myself or my loves ones getting/having been ill (149)
3.91%
Exposure to negative news/social media (170)
4.46%
Lack of real life entertainment (217)
5.69%
Lack of confidence in making big life decisions (341)
8.95%
Worry about missed opportunities during the pandemic (358)
9.39%

Watched Threads

View All