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Intoxication

Intoxication. By: Annessa , Caydianne , Kahdijah & La Taija. Summary. Term “intoxication” generally refers to the influence of alcohol and/or drugs Indefinite as to whether or not a person who is intoxicated is able to form criminal intent (lack of mens rea )

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Intoxication

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  1. Intoxication By: Annessa, Caydianne, Kahdijah & La Taija

  2. Summary • Term “intoxication” generally refers to the influence of alcohol and/or drugs • Indefinite as to whether or not a person who is intoxicated is able to form criminal intent (lack of mensrea) • However, it is difficult to accept that the accused is morally innocent • Hard to use this defence as justification for the actions of the accused

  3. Courts Solution • Attempt to limit the use of this defence by classifying crimes into two categories: • General intent • Specific Intent

  4. General Intent • requires the accused to intend to commit a criminal act but doesn't need to prove the accused intended all the harm that may have resulted from the act. • Accused may have intended to commit an assault but didn't intend to kill; the however, is still dead!

  5. Specific Intent • Must have a deliberate aim to commit the particular offence AND having the initial general intent to break the law. Type of intent required for that specific crime depends on how that crime is defined in the Criminal Code

  6. For Example… • murder, theft, robbery, aiding and abetting require specific intent therefore, intoxication can be used as a defence. • Assault or manslaughter are general offences and intoxication can not be used. • Accused charged with murder (specific intent) and intoxication is raises reasonable doubt (can be used as defence). The accused in this case would face a charge of manslaughter • doubt that the accused would have been able to intend to commit the offense

  7. Raised Issues • To distinct whether general or specific intent can become confusing • Argument becomes whether or not intoxication raises doubt in regards to the nature of any criminal conduct

  8. R. v. Daviault • After this controversial case: • Courts determined that the defence of intoxication can only be used if the accused was in fact extremely intoxicated • Dissent per Judge Cory: [Those] who are a “little drunk can…form the [necessary] mental [aspect] to commit the offence. The alcohol-induced relaxation of both inhibitions and socially unacceptable behaviour has never been accepted as a[n]…excuse in determining whether the accused posses the mensrea. • Dissent disagreed saying that “those who voluntarily became intoxicated “deserved to be punished for the crimes”.

  9. Amendment of the Criminal Code • Many people agreed with the dissent of this case and disagreed with the courts ruling. As a result the government amended the Criminal Code • An accused can not use the defence of intoxication for harming another or generally committing a crime

  10. Con’t • Section 33.1(1) and (2) • Any person that departs from the standard of reasonable care recognized in society = criminally at fault. • A person in the state of self-induced intoxication voluntarily or involuntary interferes/threatens to do so with the bodily integrity of another person • Issue is still very complex and indefinite. Courts are still conflicted as to whether or not the accused of a serious crime should be held criminally responsible

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