Intoxication

Involuntary Intoxication

This can be used for specific and basic intent crimes

Involuntary intoxication happens when:

o The D’s drinks were spiked with alcohol or drugs without the D’s knowledge

o If the D takes drugs prescribed by their doctor in accordance with the instructions, Bailey.

o If the D takes a non-dangerous (sophoric drug), although not prescribed, in a non-reckless way, Hardie.

If the D does not realise the strength of the alcohol or drugs this is NOT involuntary intoxication.

Bailey

If the D takes drugs prescribed by their doctor in accordance with the instructions.

Hardie

If the D takes a non-dangerous (sophoric drug), although not prescribed, in a non-reckless way.

key issue

If the intoxication negates the mens rea (prevents D forming the mens rea) of the offence it will be a FULL defence.

If the mens rea is still present it will not be a defence, Kingston.

Kingston

If the mens rea is still present it will not be a defence.

Voluntary intoxication

This can only be used for specific intent crimes, Majewski, as the actions of becoming intoxicated are sufficient to prove recklessness.

Majewski

This can only be used for specific intent crimes

MR

If the intoxication negates the mens rea (prevents D forming the mens rea) of the offence it will be a FULL defence.

• If the mens rea is still present it will not be a defence.

• Lipman – snake and LSD

• Sheehan and Moore – threw petrol over homeless man

• If successful will be convicted of the basic intent version of the offence e.g. s18 would be convicted of s20 – if one is available

• If the mens rea is formed before the intoxication and drink for ‘Dutch courage’ the defence is not available, Att Gen Ref for NI v Gallagher

Lipman

snake and LSD

Sheehan and Moore

threw petrol over homeless man

Att Gen Ref for NI v Gallagher

If the mens rea is formed before the intoxication and drink for ‘Dutch courage’ the defence is not available