Intoxication

Definition

Intoxication applies where, as a result of alcohol or drugs, the defendant does not form the mens rea for the offence. It is not available merely where their inhibitions are lowered (Kingston) nor where the defendant used intoxication as Dutch courage (Gallagher). Intoxication may be voluntary or involuntary.

Voluntary Intoxication

It is voluntary where the defendant has, through choice, taken an intoxicating substance.

Involuntary Intoxication

Intoxication is involuntary where the defendant was either unaware that they were taking an intoxicant, or where taking prescription drugs had an unanticipated effect (Hardie).

Majewski Rules

If the intoxication was voluntary, the Majewski rules apply, meaning that intoxication is available as a defence for crimes of specific intent, but not basic intent.

Basic Intent Offences

These can generally be satisfied with the mens rea of recklessness. As intoxication is in itself a reckless act, the defendant would still be guilty.

Specific Intent Offences

Generally, the mens rea of intention or knowledge is required for these. Voluntary intoxication can be used as a defence, but where applicable, the defendant may be charged with a basic intent offence (Sheehan and Moore). However, some specific intent crimes have no basic intent alternative and therefore an acquittal may be possible if the mens rea for the offence could not be formed.

Result of Involuntary Intoxication

If the intoxication was involuntary, the defendant will be acquitted of both specific and basic intent offences provided that the defendant did not form the mens rea of the offence (Kingston).