Intoxication Flashcards
When it amounts to a defence
It can only be a defence if it causes the defendant to lack the relevant mens rea for that offence. Questions need to be asked to satisfy defence:
1) Establish that the defendant lacked the necessary mens rea for the offence
2) Was the intoxication voluntary or involuntary?
3) Is the crime one of basic of specific intent?
Voluntary intoxication
Intoxication is only involuntary if either the defendant had no knowledge that he was taking any alcohol or dug, he takes a medically prescribed drug in accordance with the instructions and it has an unusual side effect. If he exceeds dosage or had alcohol with medication when he had been told not to he would be voluntarily intoxicated.
Voluntary intoxication - Effect
The defendant is not guilty of a crime of specific intent if they were so intoxicated they did not form the mens rea but they may be guilty of a crime of basic intent as by becoming intoxicated they are deemed to be reckless
Crimes of specific intent
Where the key mens rea of the offence requires intention and nothing less e.g murder and theft
Crimes of basic intent
Where the mens rea can be established by something other than intention e.g proof of recklessness S. 47
Dutch courage
A defendant could not rely on voluntary intoxication if he had the mens rea for the crime before he started to drink
Drunken mistakes
An intoxicated person whose mistaken belief was induced by drink or drugs has no defence to a charge of manslaughter or murder
When can voluntary intoxication be a defence to crimes of specific intent?
Can only be a defence to crimes of specific intent where the defendant was so affected by the drink/drugs that they did not form the necessary intention for the mens rea of the offence. It is not defence to any basic intent crime that can be committed recklessly.
