Intoxication

Intoxication

D takes drugs, drinks alcohol or uses a substance.

Voluntary Intoxication

D chooses to take the intoxicant.

Specific Intent Crimes

Mens rea of intention - s18 gbh/wounding, murder, theft, robbery.

Basic Intent Crimes

Mens rea includes recklessness - manslaughter, assault, battery, s47 abh, s20 gbh/wounding.

Fall Back Offence

Some specific intent crimes fall back to basic intent crimes.

Dutch Courage

D becomes intoxicated deliberately to have the courage to commit the crime.

Involuntary Intoxication

D did not choose to take the intoxicant.

Prescribed Drugs

Would be reckless not to take drugs prescribed by doctor.

Lack of Knowledge

D does not know had an intoxicant, e.g., drink spiked.

Majewski

Defence to crimes of specific intent, not basic intent.

Sheehan & Moore

Had no mens rea of murder.

Lipman

Not guilty of murder, it fell back to manslaughter.

Gallagher

D cannot rely on intoxication as a defence to demonstrate a lack of the necessary mens rea.

Mens Rea

The mental state or intent of the defendant when committing a crime.