2. Should Men face jail for rape if women are 'too drunk' to Consent ?
3. Men who have sex with drunk women could face a rape charge Police would be asked to carry out blood and urine tests on a woman who complained of rape to find out how much alcohol is in her body. They would then used "back calculations" to work out how drunk she was at the time of the alleged attack.
4. Zachary Reid Denied New Trial Zachary Reid asked for a new trial based on an intoxication defense, testifying on Monday that he was trashed on prescription pills, vodka and marijuana just before he killed his father Brett Reid. Zachary strangled Brett at their apartment in October 2008, and claims he wouldn't have killed his dad if he wasn't intoxicated.
5. What you should know… What do we mean by intoxication? Is intoxication a defence ? Can alcohol create or remove the element of Mens Rea in an offence ? Voluntary intoxication Involuntary intoxication specific intent crimes/Basic intent crimes
7. What is intoxication? impairment of awareness, understanding or control resulting from the use of a drug or any other substance which has a capacity, when taken into the body, to impair awareness, understanding or control. NB: can someone commit an offence when they have no self control?
8. Involuntary intoxication The intoxication is to be regarded as voluntary unless: D is unaware of the properties of the substance, or its effects upon him in particular; D takes the substance under duress; or D takes the substance as prescribed by a GP. See: R v Allen [1988] .
9. Is Intoxication a defence? A defendant can become intoxicated by voluntarily taking drink or drugs. Evidence of intoxication create negativingmensreaand is a defence only to crimes requiring specific intent
10. But note: A distinction has to be drawn between being drunk and being intoxicated. A drunken man may commit acts whilst under the influence of drink or drugs that he would never commit whilst sober, but he will not be able to raise the defence of intoxication if he is nevertheless, still capable of forming the necessary mensreafor the crime with which he is charged
11. R v Stubbs (1989) it was stated that the intoxication needed to be "very extreme". An intoxicated defendant is one who is shown to have been incapable of forming the necessary mensrea due to the effect of drink or drugs.
12. Why are these cases important? (1)R v Sheehan and Moore [1975], (2)DPP v Majewski[1977] (3) R v Pordage [1975] (4) A-G for N. Ireland v Gallagher [1963]
