Law, Intoxication Structure

What is the introduction you should write for an Intoxication essay?

In this scenario [insert D’s name] may claim the defence of intoxication.  However, If the 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” (R v Kingston).There are 2 types of intoxication: voluntary and involuntary.  

Apply: Here [D] was voluntarily or involuntarily intoxicated (use the scenario to decide which is relevant as this will form the basis of your answer!) 
 
Note: occasionally it could be both. 

What is Paragraph 2?, (Voluntary Intoxication)

Voluntary intoxication is where the defendant 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 crimes 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] (DPP v Majewski). 

 

If a defendant 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 mens rea. If successful, the charge could be reduced where appropriate e.g. s.18 to s.20 or murder to manslaughter as seen in R v Lipman. 

 

[If D has formed the mens rea before becoming intoxicated, he has no defence of intoxication as seen A-G v Gallagher where the defendant became intoxicated to gain ‘dutch courage’ before committing the crime.] 

Apply: Here, D was voluntarily intoxicated as…[use facts of scenario].   

 

Conclude: Here, the defendant committed a crime of… specific intent/basic intent. The defence will/will not be available because… 

What is paragraph 3, (Involuntary intoxication)

Involuntary intoxication may be a defence to both basic and specific intent crimes, where no MR was formed. Involuntary intoxication is where the defendant 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, but the drug has an undesired effect (R v Hardie).   
 
In such cases, it must be shown that the effect of the intoxication was such that the defendant, as a result of the intoxicating substance, was unable to form the necessary mens rea for the offence. (R v Kingston) 

 

[Where the defendant takes a non-dangerous drug or a prescription drug, the taking may be treated as involuntary intoxication if the defendant suffers from an uncommon reaction. (R v Hardie)] 

Apply: Here, D was involuntarily intoxicated as their intoxication arose due to…(choose the relevant situation) 

 

Decide whether D was still able to form the mens rea despite being involuntarily intoxicated. If D was able to form the mens rea, the defence fails. 
 
If D was not able to form the mens rea, the defence will be available. 

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