Economics 3366A/B Study Guide - Quiz Guide: Dutch Courage, Preliminary Ruling, Tele2
22 Sep 2020
School
Department
Course
Professor
Document Summary
There are some pleas that are available to all crimes. Can deny the appropriate mens rea to the crime did not meet the mental state. Can act with the requisite mental state but there may be other reasons to explain the crime: strong links with crime. 2/3 of victims of violent crim report their attacker to be intoxicated. D sexually abused a boy d was drugged unknowingly by another person who had intended to provoke this behaviour so he could blackmail d. Held d did form the mens rea and so was guilty despite him being drugged. But if d does not form the requisite mens rea then the next stage is to ask whether the intoxication was voluntary or involuntary: voluntary intoxication. D knows he is taking an intoxicant. Majewski [1977] intoxicated on drink and drugs and attacked the pub landlord and the police officers who arrested him convicted of assault occasioning abh.
