intoxication

What are the two types of intoxication

Voluntary intoxication - D knows the substance they will take will put them in an intoxicated state here prosecution must prove intent

Involuntary intoxication - D does not know that they’re taking a substance can be from spiked drugs/alcohol or unpredictable effects of prescribed medicine

What can voluntary intoxication be a defence to

It can be a defence to specific intent offences if no MR was formed however may be guilty of a lesser basic intent offence R v Lipman, R v Sheehan and Morre

Cannot be a defence to basic intent offences as recklessness is enough to constitute the necessary mens rea R v Majewski

In cases where D doesn’t realise the strength of substance there may be a defence R v Allen

What can involuntary intoxication be a defence to

If the necessary mens rea hasn’t been formed then it can be a defence to both specific and basic intent offences

However if prosecution can prove MR then D will be guilty even if they may not do it whilst sober R v Kingston

What is the rule about intoxicated mistakes

S76(5) of Criminal Justice and Immigration Act states that any mistake made during a period where intoxication was voluntary will not account for a defence

If D manages to make a mistake about a key fact there still may be a defence for specific intent crimes but not basic R v O’grady