intoxication

what is intoxication

• can operate as a defence when it is accepted that the defendant committed a crime in a state of intoxication

• can be a result of the taking of alcohol or drugs, or even substances such as solvents

voluntary intoxication

• only allowed in limited circumstances

• comes from knowingly or recklessly taking alcohol or drugs (illegal or medically prescribed)

→ taking the medication knowingly or recklessly in excess of the prescribed dosage

exclusions

• when a person voluntarily intoxicates himself in order to, commit a crime, this will exclude the defence as the defendant has decided to do the crime (mens rea) but purely used alcohol/drugs to ‘help him’ do it - “dutch courage” rule (AG for Northern Ireland v Gallagher (1963))

• the defendant commits a crime where recklessness is the required mens rea - mens rea is achieved by D being reckless enough to allow himself to become intoxicated in the first place (DPP v Majewski)

R v Lipman

defence can be used where D has committed a crime of “specific intent”

involuntary intoxication

• implies less blameworthiness on the D as it could be that the taking of the alcohol or drugs that led to the commission of the offence was done without their knowledge or consent

• will act as a defence to both basic and specific intent crimes providing that when D did the actus reus, he had no knowledge of his act and therefore, did not have the mens rea

R v Hardie

D given old tranquilliser tablets by his girlfriend saying that they would merely calm his nerves, unexpected effect - subsequently set fire to flat, later claimed no knowledge of incident → accepted

R v Allen

Drunk home-made wine not knowing that it was extremely strong - later committed sexual offences → failed, getting drunk = gradual process, should of realised effect of drink and stopped (also basic intent so involuntary would have failed)

R v Kingston

defence will also fail if the Ds inhibitions were merely lowered by the unknowing administration of drunk or drugs there needs to be a total unawareness of what he was doing