intoxication structure

Intro

In this scenario, D may claim the defence of intoxication. However, if D can still form the MR of the crime D is guilty, even if intoxication impaired D's ability in some way. "Drunken intent is still intent" (Kingston). There are 2 types of intoxication: voluntary and involuntary. Here, D was [WHAT INTOXICATION THEY ARE].

Voluntary intoxication IF RELLY

Voluntary intoxication is where the D of his own free will decides to take an intoxicating substance. Whether the defence is available depends on whether the crime is one of specific or basic intent. The general rule is that voluntary intoxication is only available for crime of specific intent such as murder and s.18 and not for crimes of basic intent such as assault, battery, s.47, and s.20 (Majewski). If a D is voluntarily intoxicated and commits a specific intent crime, the defence of intoxication may be available as it may have prevented the defendant from forming the necessary MR. If successful, the charge could be reduced where appropriate (Lipman). If D has formed the MR before becoming intoxicated, he has no defence of intoxication, "Dutch courage" (Gallagher). Here, D was voluntarily intoxicated as [APPLY TO SCENARIO]. Here, the D committed a crime of [BASIC OR SPECIFIC INTENT]. The defence [WILL/WILL NOT] be available because [LINK TO SCENARIO].

Involuntary intoxication IF RELLY

Involuntary intoxication may be a defence to both basic and specific intent crimes, where no MR was formed, Involuntary intoxication is where the D does not know they are taking alcohol or intoxicating drugs e.g. their drink has been spiked, a person takes illegal drugs thinking it is aspirin, or taking a prescribed drug which has an undesired effect (Hardie). In such cases it must be shown that the effect of the intoxication was such that the D, as a result of the intoxicating substance, was unable to form the necessary MR for the offence (Kingston). Where the D takes a non-dangerous drug or a prescription drug, the taking may be treated as involuntary intoxication if the D suffers from an uncommon cause (Hardie). Here, D was involuntarily intoxicated as their intoxication arose due to [CHOOSE RELLY SITUATION AND IF D WOULDVE HAD MR REGARDLESS OF INTOX, IF D HAD MR REGARDLESS DEFENCE FAILS IF D COULDNT THEN DEFENCE SUCCEEDS]..