Criminal Defences - Voluntary Intoxication

What is voluntary intoxication?

When the D ‘voluntarily’ takes and is under the influence of alcohol, drugs or solvents.

Whether the defence works depends on if it is a basic or specific intent crime.

Is intoxication (vol/invol) a full defence?

No, but it can be used to prove the D lacked mens rea and therefore lower the offence.

What is a basic intent crime?

Assault, battery, ABH, s.20 GBH

Does voluntary intoxication work for basic intent crimes?

NO:

DPP v Majewski - voluntary intoxication is not a defence for basic intent crimes, as ‘‘intoxication is a reckless course of conduct and recklessness is enough to constitute the necessary mens rea’’

Richardson v Irwin - drunk D’s dropped drunk V off a balcony causing GBH. They were guilty as recklessness fulfilled the mens rea. Confirmed Majewski

What are specific intent crimes?

s.18 GBH, murder.

Can voluntary intoxication be used as a defence against specific intent crimes?

YES - as long as they can prove that the intoxication caused the D to lack the direct intent (Mohan) for the crime.

If this is the case, the fall-back principle will be used. (Sheehan and Moore: Ds were drunk and set fire to a homeless man. Defence was successful as they didn’t have capacity for intent so they were charged with UAM instead.)

DPP v Beard: Confirmed that if MR of intent cannot be formed, they will be charged with a lesser offence.

What is dutch courage and can it be used for defence?

When the D drinks to provide courage to commit a crime.

This will FAIL as if they drink for courage to commit a crime, they have already formed intent to commit the crime. (coincidence rule - Fagan)

AG v Gallagher - D drank whiskey to encourage him to stab wife. HELD defence failed as he already formed the MR to kill before drinking.