Intoxication | Consent

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Intoxication

Because it enables the defendant to utilise proof of his drunkenness to demonstrate that he did not establish the mens rea for the offence, intoxication serves as a defence. Therefore, strictly speaking, it is not a defence but rather a means of proving a defendant's lack of mens rea, and it should be taken into account when determining whether the defendant formed the mens rea.

Consent

Consent from the victim may also bar a crime in cases of personal crimes. Lack of consent and a denial of consent are unquestionably components of the actus reus and mens rea of crimes involving sexual assaults. It is unclear in other crimes against the person whether the lack of consent constitutes a component of the offence or if consent functions as a defence to the crime.

Learning Outcomes

By the end of this lecture you should be able to:

  1. understand the principles that underlie the defence of intoxication;

  2. distinguish between voluntary and involuntary intoxication and when they operate as defences;

  3. understand the defence of consent;

Key Cases

Involuntary Intoxication

R v Kingston [1994] 3 All ER 353

Voluntary Intoxication

DPP v Majewski [1976] 2 All ER 142

Intoxication: As a defence

R v Morhall [1995] 3 All ER 659

Diminished responsibility

R v Tandy [1989] 1 All ER 267

R v Stewart [2009] EWCA Crim 593

Self-defence

R v O'Connor [1991] Crim LR 135

R v Fotheringham (1989) 88 Cr App R 206

R v Richardson & Irwin [1999] 1 Cr App R 392

Statutory defences

Jaggard v Dickinson [1980] 3 All ER 716

Consent

R v Donovan [1934] 2 KB 498

Consent as a defence for offences against the person

Attorney-General's Reference (No.6 of 1980) [1981] 2 All ER 1057

R v Brown [1993] 2 All ER 75

R v Meachen [2006] EWCA Crim 2414

The exceptions

R v Barnes [2005] WLR 910

The Exceptions

R v Jones (1986) 83 Cr App R 375

R v Richardson & Irwin [1999] 1 Cr App R 392

R v Brown [1993] 2 All ER 75

R v Wilson [1996] 2 Cr App R 241

What amounts to consent by the victim?

R v Richardson [1998] 2 Cr App R 200

R v Tabassum (2000) Times 26/5/00

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Intoxication

Because it enables the defendant to utilise proof of his drunkenness to demonstrate that he did not establish the mens rea for the offence, intoxication serves as a defence. Therefore, strictly speaking, it is not a defence but rather a means of proving a defendant's lack of mens rea, and it should be taken into account when determining whether the defendant formed the mens rea.

Consent

Consent from the victim may also bar a crime in cases of personal crimes. Lack of consent and a denial of consent are unquestionably components of the actus reus and mens rea of crimes involving sexual assaults. It is unclear in other crimes against the person whether the lack of consent constitutes a component of the offence or if consent functions as a defence to the crime.

Learning Outcomes

By the end of this lecture you should be able to:

  1. understand the principles that underlie the defence of intoxication;

  2. distinguish between voluntary and involuntary intoxication and when they operate as defences;

  3. understand the defence of consent;

Key Cases

Involuntary Intoxication

R v Kingston [1994] 3 All ER 353

Voluntary Intoxication

DPP v Majewski [1976] 2 All ER 142

Intoxication: As a defence

R v Morhall [1995] 3 All ER 659

Diminished responsibility

R v Tandy [1989] 1 All ER 267

R v Stewart [2009] EWCA Crim 593

Self-defence

R v O'Connor [1991] Crim LR 135

R v Fotheringham (1989) 88 Cr App R 206

R v Richardson & Irwin [1999] 1 Cr App R 392

Statutory defences

Jaggard v Dickinson [1980] 3 All ER 716

Consent

R v Donovan [1934] 2 KB 498

Consent as a defence for offences against the person

Attorney-General's Reference (No.6 of 1980) [1981] 2 All ER 1057

R v Brown [1993] 2 All ER 75

R v Meachen [2006] EWCA Crim 2414

The exceptions

R v Barnes [2005] WLR 910

The Exceptions

R v Jones (1986) 83 Cr App R 375

R v Richardson & Irwin [1999] 1 Cr App R 392

R v Brown [1993] 2 All ER 75

R v Wilson [1996] 2 Cr App R 241

What amounts to consent by the victim?

R v Richardson [1998] 2 Cr App R 200

R v Tabassum (2000) Times 26/5/00

Intoxication

Because it enables the defendant to utilise proof of his drunkenness to demonstrate that he did not establish the mens rea for the offence, intoxication serves as a defence. Therefore, strictly speaking, it is not a defence but rather a means of proving a defendant's lack of mens rea, and it should be taken into account when determining whether the defendant formed the mens rea.

Consent

Consent from the victim may also bar a crime in cases of personal crimes. Lack of consent and a denial of consent are unquestionably components of the actus reus and mens rea of crimes involving sexual assaults. It is unclear in other crimes against the person whether the lack of consent constitutes a component of the offence or if consent functions as a defence to the crime.

Learning Outcomes

By the end of this lecture you should be able to:

  1. understand the principles that underlie the defence of intoxication;

  2. distinguish between voluntary and involuntary intoxication and when they operate as defences;

  3. understand the defence of consent;

Key Cases

Involuntary Intoxication

R v Kingston [1994] 3 All ER 353

Voluntary Intoxication

DPP v Majewski [1976] 2 All ER 142

Intoxication: As a defence

R v Morhall [1995] 3 All ER 659

Diminished responsibility

R v Tandy [1989] 1 All ER 267

R v Stewart [2009] EWCA Crim 593

Self-defence

R v O'Connor [1991] Crim LR 135

R v Fotheringham (1989) 88 Cr App R 206

R v Richardson & Irwin [1999] 1 Cr App R 392

Statutory defences

Jaggard v Dickinson [1980] 3 All ER 716

Consent

R v Donovan [1934] 2 KB 498

Consent as a defence for offences against the person

Attorney-General's Reference (No.6 of 1980) [1981] 2 All ER 1057

R v Brown [1993] 2 All ER 75

R v Meachen [2006] EWCA Crim 2414

The exceptions

R v Barnes [2005] WLR 910

The Exceptions

R v Jones (1986) 83 Cr App R 375

R v Richardson & Irwin [1999] 1 Cr App R 392

R v Brown [1993] 2 All ER 75

R v Wilson [1996] 2 Cr App R 241

What amounts to consent by the victim?

R v Richardson [1998] 2 Cr App R 200

R v Tabassum (2000) Times 26/5/00