Intoxication

What are the elements of Intoxication

• There must be an absence of mens rea prior to intoxication

• Available for specific intent crimes

• Not available for basic intent crimes

R v Kingston

D cannot have the defence as “drunken intent is still intent”

R v Gallagher

If drank to give “Dutch Courage” cannot have defence

R v Hardie

Involuntary intoxication can be by prescribed drugs, soporific drugs or spiked drinks

R v Allen

Not realising the strength of a drink is not a defence

R v Hatton

If D is mistaken about something due to intoxication, he may still have a defence if the crime is a specific intent

However, if the mistake relates to self-defence and misjudging the amount of force that is reasonable, the defence is not available