intoxication

Question 1

what are the requirements

Answer 1

Was the Crime Committed one of Basic Intent or Specific Intent?

Was the Defendant Intoxicated Voluntarily or Involuntarily?

Question 2

what are the basic intent crimes

Answer 2

Assault
Battery
ABH
GBH/Wounding s.20
Unlawful Act Manslaughter
Gross Negligence Manslaughter

Question 3

specific intent crimes

Answer 3

GBH/Wounding s.18
Murder
Theft
Robbery
Burglary (s.9(1)(a))
Attempted Offences

Question 4

what is voluntary intoxication

Answer 4

D has chosen to take an intoxicating substance. This can be by taking alcohol, illegal drugs or other intoxicants such as through sniffing glue. It can also occur where D knows that the effect of a prescribed drug will be to make him intoxicated

Question 5

what is involuntary intoxication

Answer 5

D did not know he was taking an intoxicating substance. This may be where, for example, a soft drink has been ‘laced’ with alcohol or drugs. It also covers situations where prescribed drugs have the unexpected effect of making D intoxicated

Question 6

can the defense be used for voluntary intoxication for specific intent crimes

Answer 6

Yes if it means no intention has been formed.

No if the intent is formed before intoxication.

No if intent is still formed whilst intoxicated.

Question 7

can the defense be used for voluntary intoxication for a basic intent crime

Answer 7

No – recklessness of getting drunk satisfies the mens rea.

Court should ask if D would have realised the risk if sober.

Unless it was past intoxication leading to dependency or long term impacts

Question 8

can the defense be used for involuntary intoxication for a specific intent crime

Answer 8

No if drunken intent is still present.

Yes if no intention has been formed.

Question 9

can the defense be used for an involuntary intoxication for a basic intent crime

Answer 9

Yes as there is no reckless behavior present