INTOXICATION- defence

define intoxication

D was so intoxicated were incapable of forming the MR of charged offence

what causes intoxication

can be intoxicated through drink, drugs, solvents or a combo

intoxication means D is incapable of forming MR

as cant form intent (too drunk, drugs, solvent)

1. the manner D became intoxicated

voluntary intoxication vs. involuntary intoxication

2. the level of intoxication

D prove evidence of intoxication. dependant on type of drug severity

3. type of offence committed whilst intoxicated

if voluntarily intoxicated D can still be charged with basic intent crimes (murder, assault, robbery, burglary, theft )

INVOLUNTARY INTOXICATION- needs to prove

1/4 elements

D spiked without their knowledge refers too

R v kingston & R v allen

outcome of R v kingston

despite involuntary had already formed MR as homosexual paedophile. still liable

outcome of R v allen

lack of alcohol knowledge on strength isnt enough. still voluntarily drank it

D had taken prescription drugs refers too

R v bailey

outcome of r v bailey

knew risk he could become violent, therefore reckless

D had an unexpected reaction to soporific drugs refers too

r v hardie

outcome of r v hardie

drug acted in unique way he wasnt aware of/ not expected to have on him

D can be considered involuntarily intoxicated

if D doesnt see the risk a drug will have an unpredictable affect

D has taken intoxicating substances under duress refers too

no precedent- authority from USA says forced intoxication is considered involuntary

define voluntary intoxication

D whose voluntarilty consumed alcohol/drugs commonly known to make people aggressive/ out of control

outcome of DPP v beard

If D couldnt form MR due to intoxication, should be guilty of manslaughter instead

outcome of DPP v majewski

voluntary intoxication isnt a defence of basic intent crimes (reckless & intention)

outcome of R v richardson and irwin

D wouldve foreseen recklessness if hadnt been drinking.

dutch courage

if someone deliberately intoxicates themselves to commit crime,intoxication isnt a defence

outcome of AG northern ireland v gallagher

formed MR to stab wife prior to drinking for dutch courage.

burden of proof is on

the defendant