Intoxication

What’s the introduction paragraph of intoxication?

Intoxication is where D has consumed alcohol, drugs or another noxious substance. It is a legal term and is when D couldn’t form the MR for the offence committed.

What’s the Legally intoxicated paragraph for Intoxication?

First, D must’ve been legally intoxicated which means they were in a state of automatism and cannot form the necessary MR not just merely drunk (where D might do something they wouldn’t do sober but knows they’re doing it) R v Heard. Drunk intent is still intent R v Sheehan and Moore.

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What’s the voluntary intox and SI crime paragraph?

Next issue to determine is whether the intoxication has been caused voluntarily or involuntarily. If there’s any doubt then it’s a question for the jury R v Eatch. Vol intox is where D chose to take alcohol, drugs or another intoxicating substance. It is only a potential defence to SI crimes (where MR is intent only) R v beard.

Test originally came from DPP v Beard where Lord Birkenhead set out the following rule: “If he was so drunk that he was incapable of forming the intent required he could not be convicted of a crime which was committed only if the intent was proved”

However, as illustrated in Sheehan and Moore, relevant question was “whether D has formed the MR, drunk intent is still intent”. Therefore, if D commits SI crime and could form MR then the defence is unavailable (confirmed in R v Coley).

If D has consumed alcohol or drugs for ‘Dutch courage’ then the defence will be rejected as the D had formed the MR becoming intoxicated and in order to commit the offence- AG for NI v Gallagher.

If D commits SI crime and couldn’t form MR, IF the offence has a lower basic intent version then the charge will be lowered to the BI version (e.g murder to uam) R v Lipman

What’s the vol intox and BI crime paragraph?

Intoxication is not a defence to BI crimes (which have MR of recklessness), DPP v Majewski as the reckless behaviour of becoming vol intoxicated can be carried over to the reckless MR required for BI crimes. However, in Richardson and Irwin, the COA held that the jury should consider whether the D would be realised the risk if they were intoxicated. The mere fact that they’re intoxicated does not immediately make the D guilty.

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What’s the involuntary intox + SI/ BI crime paragraph?

Involuntary intoxication occurs when the D doesn’t know they’ve taken drink/drugs that will intoxicate them. This can also include situations where D has taken prescribed drugs but has had unexpected side-effects (R v Hardie).

If D was involuntary intoxicated and didn’t have MR for the crime then they will be acquitted. However, if D was involuntary intoxicated and did have the MR for the offence then the defence will fail.