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Is intoxication a defence?
Intoxication is not a defence, it is used to either prove the existence or absence of mens rea.
Specific Intent
Offences for which intention is the mens rea
Basic Intent
Offences for which recklessness suffices ads the mens rea
Sheehan and Moore (1974)
Voluntarily intoxicated defendants lacking mens rea will be deemed reckless and acquitted of specific intent offences
DPP v Majewski [1977]
If the defendant is voluntarily intoxicated and has the mens rea, they are guilty
Kingston [1994]
If the defendant is involuntarily intoxicated but still has the mens rea, they are guilty
When is acquittal available for involuntary intoxication?
If the defendant is involuntarily intoxicated and lacks the mens rea