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Intention or subjective recklessness Fagan

Intoxication? voluntary, basic intent crime.

Majewski - relieves P of proving MR

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Revisit the facts of Kingston. The Court of Appeal [1994] Q.B. 81 quashed the defendant’s conviction. The House of Lords [1994] 3 WLR 519 reinstated it, holding that, ‘a drunken intent is still an intent’. What reasons did the appellate courts give here for their respective rulings? Try to find at least two reasons for each and also find a quote (passage) from the judgment which shows the reasoning

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Revisit the facts of Kingston. The Court of Appeal [1994] Q.B. 81 quashed the defendant’s conviction. The House of Lords [1994] 3 WLR 519 reinstated it, holding that, ‘a drunken intent is still an intent’. What reasons did the appellate courts give here for their respective rulings? Try to find at least two reasons for each and also find a quote (passage) from the judgment which shows the reasoning

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Morgan had recently split up from his boyfriend, Jack. Jack had moved out of the flat that they shared together. Since Jack had left, Morgan had been finding life very difficult and had taken to drinking a bottle of vodka every night, just to get through the evening. Three weeks later, Morgan was out drinking heavily in a club when he saw Jack kissing another man, Dave. Desperately sad about what he had seen, and by that point extremely intoxicated, Morgan approached the couple and started shouting in Dave’s face, ‘fronting’ close up to him. Jack had not been drinking that evening. He had been very feeling very guilty about how much Morgan was struggling with the split and was feeling slightly uncertain about his new relationship. He knew from experience that, when he wasn’t feeling good about things, alcohol caused his emotions to become heightened, so he had been drinking soft drinks all evening. Dave was disappointed that Jack wasn’t drinking so, in order that Jack relax a little, Dave spiked his lemonade with a triple vodka. Jack started to feel very emotional about the past and noticed that Morgan was sitting alone. Jack went over to him and, although Morgan tried to move away, hugged him tightly. Afterwards, he said he’d ‘just wanted to touch him’. Needing a break from Morgan and Jack’s troubles, Dave stayed in the club and continued drinking with some other friends. After having drunk a significant amount, Dave got into an argument with Scott and punched him in the face, Scott fell and split his skull open on a table. Dave then left with his group of friends, stealing a bottle of gin from behind the bar as he made his way out. Examine what, if any, liability arises here.

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Morgan had recently split up from his boyfriend, Jack. Jack had moved out of the flat that they shared together. Since Jack had left, Morgan had been finding life very difficult and had taken to drinking a bottle of vodka every night, just to get through the evening. Three weeks later, Morgan was out drinking heavily in a club when he saw Jack kissing another man, Dave. Desperately sad about what he had seen, and by that point extremely intoxicated, Morgan approached the couple and started shouting in Dave’s face, ‘fronting’ close up to him. Jack had not been drinking that evening. He had been very feeling very guilty about how much Morgan was struggling with the split and was feeling slightly uncertain about his new relationship. He knew from experience that, when he wasn’t feeling good about things, alcohol caused his emotions to become heightened, so he had been drinking soft drinks all evening. Dave was disappointed that Jack wasn’t drinking so, in order that Jack relax a little, Dave spiked his lemonade with a triple vodka. Jack started to feel very emotional about the past and noticed that Morgan was sitting alone. Jack went over to him and, although Morgan tried to move away, hugged him tightly. Afterwards, he said he’d ‘just wanted to touch him’. Needing a break from Morgan and Jack’s troubles, Dave stayed in the club and continued drinking with some other friends. After having drunk a significant amount, Dave got into an argument with Scott and punched him in the face, Scott fell and split his skull open on a table. Dave then left with his group of friends, stealing a bottle of gin from behind the bar as he made his way out. Examine what, if any, liability arises here.

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Type of Substance? Intoxication Non dangerous/soporific drugs Dangerous drugs or alcohol Reckless? Voluntary Intoxication Yes Involuntary Intoxication Bailey Lipman Allen No (Dangerous Drugs) (Strength of the beer) Hardie; Bailey Crime of Specific or Basic Intent? Did the