voluntary intoxication a level law

What factors is the availability and effect of the defence of intoxication based on?

1) The manner in which D became intoxicated

2) Level of Intoxication

3) Type of offence committed while intoxicated

Define Voluntary Intoxication

Where D has chosen to take an intoxicating substance e.g., alcohol or drugs.

How else can voluntary intoxication be brought on?

The effect of a prescribed drug will make him intoxicated.

Discuss Specific Intent Crimes

Voluntary Intoxication can negate the MR for a specific intent crime.

Discuss Levels of Intoxication

If D is so intoxicated that he has not formed the mens rea, he is not guilty.

What happened in the case of 'DPP v Beard'?

Lord Birkenhead stated:

'If he was so drunk that he was incapable of forming the intent required, he could not be convicted of a crime'.

Discuss Basic Intent Crimes

If the offence committed is one of basic intent, then intoxication is not an offence.

Voluntarily becoming intoxicated is reckless, and recklessness is enough for a mens rea - Majewski

In relation to the burden and standard of proof…

D must provide some evidence of intoxication before the defence can be put before a jury.

It is then up to the prosecution to prove, beyond reasonable doubt, that despite his evidence - D still formed the necessary mens rea.

Discuss an Intoxicated mistake.

If D is mistaken about a key fact because he was intoxicated, then it depends on what the mistake was about as to whether he has a defence.

Where the mistake is about something which means that the D did not have the necessary MR for the offence then…

Specific Intent: defence is allowed

Basic Intent: no defence

What does 's76(5) of the Criminal Justice and Immigration Act 2008' and 'O'Grady' show?

There is no defence if D has made a mistake as the need for self-defence due to intoxication.