Intoxication

Intoxication

A defendants mental state being affected by alcohol, drugs. or other substances.

Voluntary Intoxication

• Where the defendant willingly consumes the substance

• If the offence requires specific intent (e.g. theft murder) intoxication may be a defence if it prevents forming intent

• No defence for basic intent crimes (e.g. assault) - the law assumes recklessness in becoming intoxicated.

Involuntary Intoxication

Occurs when the defendant is unaware they are consuming an intoxicating substance (e.g. spiked drinks)

If intoxication prevents the formation of mens rea, it may be a defence to both specific and basic intent offences

R v Sheehan and Moore

Drunken intent is still intent

R v Majewski

Voluntary intoxication is no defence to basic intent crimes, as the reckless act of becoming intoxicated satisfies the mens rea element

R v Lipman

Voluntary intoxication can reduce specific intent crimes down to their basic intent counterparts (murder to manslaughter)

A-G for Northern Ireland v Gallagher

Voluntary intoxication will not reduce a specific intent crime conviction if the defendant forms the intention before they are intoxicated.

R v Hardie

Voluntary consumption of a non-dangerous, sedative drug can negate the mens rea of crimes of basic intent if hte substance has an unexpected, paradoxical effect

R v Kingston

Involuntary intoxication is not a defence if the defendant still formed the intent to commit a crime, lack of self induced intoxication does not excuse criminal behaviour when intent is present.