Intoxication

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Last updated: May 16, 2025
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First submittedMay 16, 2025
Times taken4
Average score64.3%
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Hint
Answer
1. Was there a mens rea?
x
If D has the mens rea of the crime, the defence fails.
Kingston
if D forms the intent to commit a crime while sober, and then drinks alcohol to summon the courage to carry it out, the defence fails.
Gallagher
There is no MR where D commits a drunken _____
Mistake
.
x
2. Was the intoxication voluntary or involuntary?
x
If it's ____, the defence succeeds. If not, continue.
Involuntary
D's knowledge of the strength or nature of the intoxicant is immaterial to whether the intoxication was voluntary or involuntary
Allen
.
x
3. Was the crime specific or basic intent?
x
If the crime was specific intent, the defence succeeds. If not, continue.
Majewski
.
x
4. Would D have foreseen the risk if sober?
x
If no, the defence succeeds.
Richardson v Irwin
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