Intoxication

Voluntary Intoxication

Refers to intoxication that is self-induced and can affect a defendant's mens rea in legal cases.

Specific Intent

The mental state where the defendant has a specific intention to commit a crime.

Basic Intent

The mental state where the defendant acts recklessly or with the intent to cause harm, regardless of planning.

Mens Rea

The legal term for 'guilty mind', indicating the intent of the individual when committing an act.

Sheehan and Moore Case

A legal case where defendants, while intoxicated, caused a death but were found without mens rea and convicted of unlawful act manslaughter.

AG for N Ireland v Gallagher

A case where the defendant's conviction was upheld after using alcohol to form intent to kill, illustrating that intoxication does not negate prior intent.

Majewski (1977) Case

Legal case stating that voluntary intoxication amounts to recklessness, sufficient for mens rea in assault cases.

Involuntary Intoxication

Intoxication where the defendant was unaware of the substances consumed, impacting the assessment of mens rea.

Kingston (1994) Case

A case establishing that despite intoxication, if the defendant had intent, they would still be guilty.

Hardie (1985) Case

A case demonstrating that taking someone else's prescribed drugs can influence a determination of mens rea.

Sentencing for Specific Intent Crimes

Available unless mens rea was formed before intoxication.

Sentencing for Basic Intent Crimes

Available unless mens rea was formed before intoxication.

Where does the defence of intoxication apply?

1. Whether intoxication was voluntary or involuntary

2. Whether the offence is one of basic ir soecific intent