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When D is….
Unaware they have taken and intoxicating substance
Includes…
Prescription drugs
When does it include prescription drugs
if it had unforeseeable or unpredictable affects of D
however not if D was…
Reckless
Case for not if D was reckless
Bailey
Not a defence if while intoxicated….
D formed the mens rea
If even if D….
Would not have acted if not for involuntary intoxication
Case for formed the intent
Kingston