V. HELPFUL - THNX SO MUCH
On 27 Sep, 22:59, tiger <[EMAIL PROTECTED]> wrote:
> 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- Hide quoted text -
>
> - Show quoted text -
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