Intoxication

Question 1

Intoxication

Answer 1

A defendant being found guilty when intoxication is involved depends on whether:
-The intoxication was voluntary or involuntary and,
-the offence charged is one of specific or basic intent

Question 2

Voluntary Intoxication

Answer 2

This is where the defendant
-has chosen to take an intoxicating substance
-knows that the effect of taking a prescribed drug will make them intoxicated
R v Coley

Question 3

Specific Intent Offences

Answer 3

-If defendant is voluntarily intoxicated, they may not be able to form the mens rea if they were too intoxicated
-Test set out by R v Sheehan and Moore, true test is whether the defendant did not form the intent, irrespective of whether they were incapable of doing so

Question 4

Drunken Intent

Answer 4

-Where the defendant has the mens rea despite the intoxicated state, they are still guilty as drunken intent is still intent
-AG for NI v Gallagher

Question 5

Basic Intent Offences

Answer 5

-Where the offence is one of basic intent, then voluntary intoxication is not a defence
-DPP v Majewski

Question 6

Strength of intoxicant

Answer 6

-If defendant does not realise the strength of the intoxicant, for example street drugs that have been mixed with other intoxicants, there could still be a defence
-R v Allen

Question 7

Involuntary Intoxication

Answer 7

-If defendant was intoxicated through no fault of their own, then they may argue that they did not form the mens rea.
-If prosecution is able to prove the defendant had the required mens rea, then involuntary intoxication is irrelevant
-R v Kingston

Question 8

Intoxicated Mistake

Answer 8

If the mistake is about an aspect, for example, amount of force needed for self defence, there is no defence. R v O’Grady