Heya >From what i can make of my notes (on intoxication), after Majewski the specific/basic intent distinction arose as regards whether or not intoxication could be a defence.
Basic intent offences (which require only recklessness as mens rea) as a concept can be subdivided into those committed when accused has had drink/dangerous drugs and when he/she has had other substances (ie medication etc). A further subdivision can be made with this second occurance i.e. 1. those defendants who had knowledge of the effect of the medication and 2. those who did not have knowledge of the effects. If the defendant can be shown to have known the consequences they are running a risk and therefore have no defence. Hanly states there is an apparent conflict between Quick and Bailey in that Quick decided that the issue of self -induced automatism should be decided objectively, ie persons using drink or dangerous drugs should know their effects, while Bailey decided that the issue should be decided subjectively. ie automatism only fails if the defendant actually foresaw the effect of his actions. however, if Quick is limited to situations where automatism is induced by drink or dangerous drugs, as suggested by Bailey then the conflict is resolved. Self induced automatism will be a defence if the defendant was unaware of the consequences of the action or omission that led to the automatism. (from Hanly's book). Phew, its v tough to get head around. I need to read all that myself again.... Hope I haven't made it even more confusing... On Sep 27, 6:13 pm, lionel <[EMAIL PROTECTED]> wrote: > hi folks! i'm having difficulty with distinction between specific/ > basic intent and cases of quick and bailey. the chapter in nutshells > seems to be muddled betwen the 2 or is it just me!! which case is > authority for what? thnx --~--~---------~--~----~------------~-------~--~----~ You received this message because you are subscribed to the Google Groups "FE-1 Study Group" group. To post to this group, send email to [email protected] To unsubscribe from this group, send email to [EMAIL PROTECTED] For more options, visit this group at http://groups.google.ie/group/FE-1-Study-Group?hl=en-GB -~----------~----~----~----~------~----~------~--~---
