Defence Of Intoxication And Duress

Front 1

what substances does intoxication cover

Back 1

drugs and alcohol

Front 2

which act showed that if youre intoxicated it cant just be standard drunkess, you need to have lost your ability to form a MR

Back 2

Kingston

Front 3

Which case shows intoxication is only a defence to offences with specific intent like murder and not basic intent

Back 3

Majewski

Front 4

what case says the defence doesnt apply if you were voluntarily drunk

Back 4

Gallaghet

Front 5

what happens if u plead intoxication to a crime of basic intent

Back 5

youre admitting to having the MR for that offence

Front 6

which case says the distinction of basic and specific intention offences are decided on a policy basis

Back 6

Heard

Front 7

what happens if the intoxication was involuntary and u were spiked or something similar

Back 7

its a full defence

Front 8

what case says u cant use the defence of intoxication if you could still form a MR

Back 8

Kingston

Front 9

what case says u cant use the defence if you just mistook the strength of the beverage/drug

Back 9

Allen

Front 10

what case says u cant use the defence if u knew the intoxicant had weird effects on u and u took it anyway

Back 10

Hardie

Front 11

what kind of defence is duress resulting in intoxication

Back 11

excusatory defence

Front 12

whatre the 3 kinds of duress for intoxication

Back 12

1. threats of another

2. duress of circumstances

3. necessity

Front 13

define duress from the threats of another

Back 13

there must be a threat of death or serious injury to the person

Front 14

what case says duress from threat to another if the threat is to D’s property

Back 14

Lynch

Front 15

what case says the duress threat to another has to be such that a sober person of reasonable firmness, sharing the characteristics of defendant, would not have resisted it

Back 15

Bowen

Front 16

which case says the duress from threat to another must be sufficiently imminent

Back 16

Hudson & Taylor

Front 17

what case says D must have a good cause to fear death or serious injury

Back 17

Graham

Front 18

what case says voluntarily exposing yourself to the risk of duress can defeat the defence

Back 18

Hasan

Front 19

what case says duress isnt available for murder

Back 19

Howe

Front 20

define duress of circumstances

Back 20

D intentionally did the wrongful act in order to avid risk of injury presented by circumstances

Front 21

what case shows dangerous driving to avoid the risk of serious violence

Back 21

Willer

Front 22

describe duress causing necessity

Back 22

actions taken to avoid a greater harm

Front 23

what case shows medical practitioners acting in the best interest if the patient

Back 23

Re A (Children) (2000)