Criminal Law

Table of contents

Question 1: Intoxication as a defense in the criminal law3

Introduction3

Intoxication as a defense in the criminal law3

Offenses of basic and of specific intent5

Distinction between strict and basic intent disappears6

Amendments in the law6

Question 2: Property offences6

Robbery7

Section 14 Criminal Justice Act 20018

Actusreus = 3 Main elements. Same as theft plus force8

Handling Stolen Property8

Question 3: Criminal Procedure Act 199310

Question 4: John vs. Michel: Property damage11

Advises11

QUESTION 5: Lorraine case: charged with manslaughter under section 53 (1) Road Traffic Act 1961.12

Case summary and highlights12

Defense to a crime of intoxication13

Advises13

Question 6: Appeal to the Court of Criminal Appeal against sentence14

References15

Criminal Law

Question 1: Intoxication as a defense in the criminal law

Introduction

Criminal law is defined as the as the law that is implemented on the crimes that governs laws. Crimes can be defined as those offenses that are against the state. It can be defined as the crime for which the states can punish. The method according to which a criminal defense is investigated and prosecuted is dependent upon the kind or may be the type that is addressed in the crime. In such a case, there are different ways to define or to describe the criminal offense that could be the summary of the offence, serious offences, arrestable offences, minor offences, Indictable offences, Summary and indictable offences (Quinn, 1993).

Consumption of alcohol or intoxication can be termed as a weakness in the public gatherings and happenings. Alcoholism can be termed as the weakness or the symbol of immorality especially when it affects a human (Doolan, 1996).

Intoxication as a defense in the criminal law

Intoxication may be regarded as the as one of the flaws of the society and the consumption of the drugs and other intoxicating substances is regarded as illegal in all the laws. Intoxication in the general aspect may not be regarded as defense under the criminal law. If the condition were to be applied that the person will intentionally take alcohol or drug before committing any offense and would have used it as the shield of protection or as the defense. It can be accepted as a defense in few prior conditions under some specified conditions and circumstances. The best example could be part of the defense of automatism.

These circumstances could vary accordingly. Then the idea is shifted to the point if the intoxication falls under the category of voluntary or involuntary consumption (Quinn, 1993).

In many case it has been found that the intoxication is regarded as the reason for offense due to the violation of the rights and regulation that fall under the laws. For example, if a person was found drunk and is involved in some unethical activity in a public place, or is drunk and driving a vehicle than the charge is applied to that person. There are many other condition that are may be applicable in different circumstances (Kelly, 1988). Sometimes the intoxication can become a reason for initiating any offense because he or she may not understand what could be the consequences when he is drunk or committing ...