Intoxication

R v Hardie (1985)

The defendant set light to a wardrobe after consuming some out of date valium tablets which had been prescribed to his partner.

Involuntary intoxication can cover where a particular drug has an unexpected result.

R v Allen (1988)

The appellant consumed some home made wine. This had a much greater effect on him than anticipated. He committed sexual assaults and claimed he was so drunk he did not know what he was doing.

If the effect is anticipated but the defendant merely underestimates the strength, then the intoxication remains voluntary.

R v Kingston (1994)

The defendant, who had a history of irresistible urges towards young boys, had his coffee drugged by someone wanting to blackmail him. He was then shown a sleeping 15-year-old boy and was invited to abuse him.

No defence of involuntary intoxication if the defendant still forms mens rea even if drugged by another.

A-G for N. Ireland v Gallagher (1963)

Drank whiskey and killed his wife with a knife and hammer.

Where a person forms the intention to commit a crime and then drinks in order to enable them to carry out the crime, they cannot claim the intoxication prevented them from forming the mens rea.