Intoxication

introduction

introduction

intoxication may be considered as a defence if it prevents D from forming the required mens rea of the offence. this covers intxication by alcohol, drugs or taking other substances. it usually requires evidence that D had more than just a drink or two or a small amount of drugs. whether D is guilty of the offence depends on whether the intoxication was voluntary or involuntary and whether the offence charged is one of specific or basic intent.

Voluntary intoxication

State: Voluntary intoxication is where D has chosen to take an intoxicating substance.

The test for a specific intent crime was originally established in Beard- of D was so drunk that he was incapable of forming the intent required he could not be convicted of a crime which was committed only if intent was proved. this has been updated to did they form the mens rea not whether they were capable of forming it.

If there is a fall-back basic intent offence, D my be charged with both murder and manslaughter to ensure that D is convicted of of at least the lesser offence.

Dutch courage

where there is one of basic intent crimes, intoxication is not a defence as it is considered that getting drunk is a reckless course of conduct and recklessness is sufficient for the mens rea of a basic intent crime. This was established in Majewski 1977

Gallagher 1963- dutch courage forms the mens rea for basic intent crimes

involuntary intoxication

State: This covers situations where D does not know they are taking an intoxicated substance.

This may be where a soft drink has been laced or spiked with alcohol or drugs. it also covers a prescription drug that has an unexpected side effect.

Basic intent crimes diagram

Specific intent crimes diagram