Intoxication

[Flash Card 1 of 2]

• does not provide defence in itself / relevant determining if D has required mens rea
• if D lacks sufficient mens rea / due to intoxication / may be found not guilty
• law distinguishes / between voluntary & involuntary intoxication / basic & specific intent offences

Voluntary Intoxication:

• occurs when D chooses of own free will to become intoxicated / with alcohol, illegal drugs or any intoxicants
• generally D not excused from consequences of actions / if voluntarily intoxicated / their responsible for being in state
• D stabbed wife to death / bought bottle of whiskey with knife/ drunk most of the bottle before killing / found D has necessary mens rea / convicted murder (Gallagher)
• if proved intoxication prevented D from having necessary mens rea / charge cannot be proved

Involuntary Intoxication:

• if D not know he was taking intoxicating substance / drink spiked / or prescribed drug has unexpected effect
• must be proved intoxication prevented D forming required mens rea / causing lack of inhibition not sufficient (Kingston)
• unanticipated strength of intoxicant / not make intoxication involuntary / D committed sexual offences after drinking homemade wine / guilty (Allen)
• non dangerous drugs / may lead to involuntary intoxication / distinction between dangerous drugs ..where it is common knowledge.. [the taker] may become aggressive or do dangerous or unpredictable things ... and non dangerous drugs, such as valium.. (Hardie)

bits of law

Intoxication

[Flash Card 2 of 2]

Specific Intent:

• general principle / intoxication can be defence to specific intent crimes / not basic intent (Majewski)
• Ds threw petrol over V & set fire to him / V died / Ds found too drunk to form necessary specific intent needed / insufficient mens rea for murder / guilty of basic intent offence of involuntary manslaughter (Sheehan & Moore)
• specific intent crimes / summarised as offences requiring specific mens rea / murder & GBH S18

Basic Intent:

• difficulty arises in defining offences / seems basic intent refers to general criminal intent / not any ulterior intent D wants to achieve from actus reus
• voluntary intoxication / no defence to basic intent crime / choice to become intoxicated is reckless / D knows risk he will behave badly or criminally when intoxicated (Majewski)
• basic intent crimes / summarised as offences requiring mens rea of recklessness / assault, battery, ABH, GBH S20 & involuntary manslaughter

bits of law