Criminal law: Intoxication

Voluntary intoxication

When the D takes the drink/drugs of their own free will

Involuntary intoxication

D does not know they are taking alcohol or drugs

Only works as a defence if no MR is formed

Examples of involuntary intoxication

Drinks being spiked without D’s knowledge

D taking drugs prescribed by his doctor in accordance with instruction

Taking a non-dangerous drug in a reckless way

R v Kingston

D had paedophilic homosexual tendencies, which were usually controlled

Blackmailed into meeting a 15 years old boy where both their drinks were spiked with sedatives

HoL stated that involuntary intoxication is not a defence when the MR is present

Unknown strength

If D did not know the strength of the alcohol or drugs, this is classed as involuntary

R v Allen 1988

D charged with indecent assault

Stated he di not know the strength of the wine he was drinking

Held as voluntary intoxication

R v Hardie

D took valium tablets to calm down as were told to be “harmless”

Whilst intoxicated committed arson on own home

Court decided the jury to question: Was the D able to appreciate the risks, if so was the drug taking itself reckless.

“Dangerous drugs”

When the drug can be said to be dangerous, self administration can be said to be reckless

Basic intent

Crimes where recklessness is a part of the MR

Specific intent

Voluntary intoxication is a defence

Basic and Specific intent - defences

Voluntary is a defence to crimes of a specific intent

When intoxication is voluntary it is necessary to establish what type of intent the crime is
Involuntary can apply to any

R v Majewski

D and friend took drugs then went to pub

Both escorted out and were aggressive to landlord and police

Defence of voluntary intoxication unsuccessful as crime committed was on of basic intent

Voluntary intoxication

With crimes where intention is necessary to form the MR voluntary intoxication can remove the MR

D’s actions of becoming voluntarily intoxicated is reckless, the MR is satisfied

Specific intent crimes

When charged with a specific intent crime the D will have t prove that the intoxication prevented him from creating the intent

May still be convicted of an offence where only recklessness is needed to from the MR

R v Lipman

D killed girlfriend after taking LSD hallucinating that she was attacking him

Charged with UAM instead of murder as voluntary intoxication is a defence to murder but not manslaughter

“Dutch courage”

MR that is formed before the intoxication cannot be a defence

AG for Northern Ireland v Gallagher

D decided to kill wife but rank enough alcohol before so not to from the MR

Convicted of murder

Intoxication plan

Intro

• Common law defence

• Two types: Voluntary, involuntary

Involuntary intoxication

• May involve spiking or when a drug has an unexpected result - R v Hardie

• Does not apply if D underestimates the strength of the drug - R v Allen

• Only works if the D does not have the MR before the intoxication - R v Kingston

Voluntary intoxication

• Only a defence to specific intent crimes - DPP v Majewski

• Intoxication must make it so D lacked the MR - R v Lipman

Dutch courage

• D cannot drink in order to gain the courage to commit the offence - Gallagher