Intoxication

1. When does intoxication apply?

Intoxication applies where, as a result of alcohol or drugs, the defendant does not form the mens rea for the offence.

2. When is intoxication not available?「」

It is not available merely where their inhibitions are lowered (Kingston) nor where the defendant used intoxication as Dutch courage (Gallagher).

3. What types of intoxication are there?

Intoxication may be voluntary or involuntary.

4. When is it voluntary intoxication?

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

5. When is it 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).

6. (Option 1) When do the Majewski rules apply and what are they?

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.

7. (Option 1) What is a basic intent offence?

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

8. (Option 1) What is a specific intent offence?

A specific intent offence is one where, generally, the mens rea of intention or knowledge is required.

9. (Option 1) Can voluntary intoxication be used as a defence?

Voluntary intoxication can be used as a defence, but where applicable, the defendant may be charged with a basic intent offence (Sheehan and Moore).

10. (Option 1) What happens if a specific intent crime has no basic intent alternative?「」

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.

11. (Option 2) What happens if the intoxication was involuntary?「」

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).