Unit 3 LAW03 - Criminal Law or Contract Law (LAW7162)
Institution
AQA
All of my law documents uploaded follow the AQA specification and are of A/A* quality. This document sets out the exam technique of how to write an answer for intoxication in a scenario. The exam technique I follow is IDEA (Identify the relevant issue, Define the relevant issue, Explain the law per...
Unit 3 LAW03 - Criminal Law or Contract Law (LAW7162)
All documents for this subject (102)
Seller
Follow
leej93815
Content preview
Intoxication Exam Technique
Involuntary Intoxication (IDEA) Structure
I However, the defendant may be able to use the defence of intoxication.
D We must distinguish between involuntary and voluntary intoxication.
Involuntary intoxication is where the D is not aware that they have
become intoxicated.
E R v Kingston (1994) states was the D so intoxicated that they were
unable to form the mens rea.
A In this case… (Apply to case).
C Overall…
Voluntary Intoxication (IDEA) Structure
I However, the defendant may be able to use the defence of intoxication.
D We must distinguish between involuntary and voluntary intoxication.
Voluntary intoxication is where the D has become intoxicated by their
own free will.
E R v Sheehan and Moore (1975) states that intoxication is only a defence
to specific intent crimes.
(Specific Intent) R v Lipman (1970) states that for specific intent crimes
only, the D must be so intoxicated that they are unable to form the
mens rea.
(Basic Intent) DPP v Majewski (1976) states that being voluntarily
intoxicated is a reckless course of conduct.
E [R v Hardie 1985 states taking a non-dangerous drug but in a reckless
[Additional way will be voluntary intoxication.]
Legal
Issues] [R v Allen 1988 states it doesn’t matter whether D realises how
intoxicated he’s becoming, this is still voluntary intoxication.]
[Attorney General For Northern Ireland v Gallagher 1963 states being
intoxicated for Dutch courage is voluntary intoxication.]
A In this case… (Apply to case).
C Overall…
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller leej93815. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $5.87. You're not tied to anything after your purchase.
