Intoxication

Question 1

Define intoxication

Answer 1

Intoxication contains involuntary and voluntary intoxication and is not a defence but can throw doubt on weather the defendant can form the requisite mens rea - DPP v Beard

Question 2

Difference between voluntary and involuntary intoxication

Answer 2

The difference between voluntary and involuntary is the voluntary is seen as the defendant choosing to take a substance that they know can cause intoxication and further a lapse in judgement.
Furthermore, for involuntary the defendant is unaware they are consuming a substance that can make them intoxicated

Question 3

Voluntary intoxication

Answer 3

Where D chooses to take a substance, generally alcohol and/or drugs, that they know can cause intoxication.
A key case for voluntary is R V Hardie which distinguishes between the dangerous and non dangerous drugs
To satisfy intoxication the defendant must knowingly take a dangerous substance that would equate to intoxication
Taking non dangerous substances may equate to voluntary intoxication but depends on weather the defendant knows the impact it may have on them - DPP v Majewski

Question 4

Involuntary intoxication

Answer 4

In order to satisfy involuntary intoxication the defendant must be unaware they are taking an intoxicating substance; for example, being spiked (shown in R V Kingston)
If whilst involuntarily intoxicated the defendant does not form the requisite mens rea they are not guilty however if they did they can still be found guilty

Question 5

Specific and basic intent crimes

Answer 5

Voluntary intoxication is never a defence to basic intent crimes as a form of the mens rea is recklessness and getting intoxicated is a reckless course of action
If the defendant is intoxicated but still has the intent to form the mens rea they can be guilty of the offence

Question 6

Something to note

Answer 6

If the defendant is deemed to have formed the requisite mens rea before the intake of the intoxicating substance the defendant cannot use intoxication as a defence, also known as Dutch courage. - A-G for Northern Ireland v Gallagher

Question 7

DPP v Beard

Answer 7

D must be completely incapable of forming mens rea for defence to apply

Question 8

DPP v Majewski

Answer 8

His conviction for ABH was upheld due to his recklessness in getting intoxicated

Question 9

R v Kingston

Answer 9

Defence of intoxication is not available if the defendant’s state of mind at the time of the offense met the criteria for the crime

Question 10

R v Hardie

Answer 10

The court held that intoxication caused by prescription drugs can be used as a defence if the defendant was not aware of the risks of the drug

Question 11

A-G for Northern Ireland v Gallagher

Answer 11

Mens rea was formed to kill his wife before the intoxication. ‘Dutch courage’ is no defence as a drunken intent is still an intent