Intoxication Flashcards
Why is it a defence?
Because we cannot usually punish people who cannot form the mens rea, but this must be balanced with punishing people who commit crimes after having become intoxicated
What are the two types of intoxication?
Voluntary, or
Involuntary
Voluntary intoxication
D chooses to take a substance that they know can cause intoxication
What is voluntary intoxication a defence to?
Specific intent crimes but not basic intent (where recklessness is sufficient mens rea)
Specific intent crimes and intoxication
If so intoxicated as to be incapable of forming mens rea, they have complete defence.
When does voluntary intoxication not work?
When D is intoxicated but still have the intent to form the mens rea - drunken intent is still an intent
Basic intent crimes and intoxication
Where recklessness is sufficient, the defence will fail
Why does self induced intoxication not work for basic intent crimes
Because becoming intoxicated is a reckless course of action.
Involuntary Intoxication
D is unaware they were taking an intoxicating substance.
Involuntary intoxication when are they not guilty?
If D while involuntarily intoxicated did not form the mens rea, then they are not guilty
Involuntary intoxication when are they guilty?
If D whilst involuntarily intoxicated, DID form the mens rea, then they are guilty.
What is the Law Commissions report on reform?
Intoxication and Criminal Liability
What were the Law Commissions suggestions for reform?
Distinctions between basic and specific intent should be abolished.
Must prove that they were involuntarily intoxicated
