What is the ratio in R v Lipman?

Voluntary intoxication cannot be used as a defence to unlawful act manslaughter as it only requires basic intent for the underlying unlawful act.

What did the court decide in R v Lipman?

The Court of Appeal upheld the manslaughter conviction, ruling that LSD intoxication could not negate the mens rea required.

What is the ratio in R v Lipman?

Voluntary intoxication cannot be used as a defence to unlawful act manslaughter as it only requires basic intent for the underlying unlawful act.

What did the court decide in R v Lipman?

The Court of Appeal upheld the manslaughter conviction, ruling that LSD intoxication could not negate the mens rea required.

Criminal1 min read

R v Lipman

[1970] 1 QB 152Court of Appeal1970

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“Voluntary intoxication no defence to manslaughter despite LSD-induced hallucinations”

Facts

Lipman and his girlfriend took LSD together. During his trip, Lipman experienced hallucinations where he believed he was descending to the centre of the earth and fighting snakes. In reality, he killed his girlfriend by ramming bedsheets down her throat. He was charged with murder and manslaughter.

Issues

Whether voluntary intoxication by drugs could provide a defence to charges of murder and manslaughter where the defendant was unaware of his actual actions due to drug-induced hallucinations.

Held

Lipman was acquitted of murder but convicted of manslaughter. Voluntary intoxication could not provide a defence to manslaughter as it is a crime of basic intent.

Significance

This case clarified the distinction between crimes of specific and basic intent regarding intoxication defences, establishing precedent that voluntary intoxication cannot excuse crimes of basic intent.

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OSCOLA Citation

R v Lipman [1970] 1 QB 152 (CA)

Criminal LawIntoxication DefenceHomicide

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