Intoxication AO1

Defence

Full or partial defence

Common law defence

Voluntary intox

D knowingly and willingly consumes alcohol or drugs

Only a defence to specific intent crimes where D did not form MR, not a defence for basic intent crimes

Intention/ reckless- majewski

Drunken intent

If D did form MR intox is irrelevant- drunken intent is still intent- Sheehan and Moore

Dutch courage

If D formed the intention before intox was there it cannot be used as a defence- AG ref for NI v Gallangher

Reckless conduct

Just must consider whether D would have foreseen the risk if sober, must be reckless conduct in addition to intox- Richardson v Irwin

Invol Intox

Evidence of intox must be considered as verb for basic intent crimes

If intox prevents D forming MR, D must be acquitted

If D forms MR despite invol intox then no defence- Kingston

Examples

Spiked drink- Allen

Drugs under medical prescription- Bailey

Sedative drugs- Hardie

Intox mistake

D’s judged on what they would have realised if sober

Hatton- intox mistake can not provide defence to either basic or specific intent crimes