Intoxication Flashcards
What is intoxication as a defence?
Intoxication is a common law defence that may operate as a complete defence, partial defence, or no defence depending on the circumstances. It relates to when D was intoxicated when committing the offence.
What two factors affect the availability of the intoxication defence?
- Whether the D was voluntarily or involuntarily intoxicated
- Whether the offence is of basic or specific intent
What substances count as intoxication?
Alcohol, drugs (legal, prescription, or illegal), glue, paint sniffing, or other substances.
What is voluntary intoxication?
When the D chooses to become intoxicated by consuming substances.
Is voluntary intoxication ever a complete defence?
No – voluntary intoxication will never be a complete defence because D is at fault for becoming intoxicated.
How does voluntary intoxication apply to specific intent offences?
• Test: Did D have the relevant mens rea?
• If D still had the mens rea despite intoxication: no defence (e.g., Sheehan and Moore — drunken intent still counts).
• If D lacked mens rea due to intoxication: partial defence — charge can be reduced to basic intent crime (e.g., s.18 → s.20).
What happens if intoxication prevents D from forming specific intent?
• D can have their charge reduced to a basic intent offence if one exists.
• If no basic intent offence exists (e.g., theft, robbery), intoxication acts as a complete defence.
What case shows ‘Dutch courage’ is not a defence?
AG for Northern Ireland v Gallagher – if D drank to summon courage to commit a crime, there is no defence because intent was formed before intoxication.
How does voluntary intoxication apply to basic intent offences?
• No defence available.
• Voluntarily becoming intoxicated is seen as reckless, satisfying the mens rea for basic intent crimes.
What case confirms voluntary intoxication = recklessness for basic intent crimes?
Majewski – voluntary intoxication is a reckless course of conduct, fulfilling the mens rea for basic intent crimes.
What is involuntary intoxication?
Where D does not voluntarily become intoxicated (e.g., drink spiked, drugged by another person, or unknowingly consuming strong alcohol).
How is involuntary intoxication judged?
• Test: Did D still have the mens rea?
• If yes, no defence (e.g., Kingston).
• If no, complete acquittal.
What cases are key for involuntary intoxication?
• Kingston – D was drugged but still intended his actions → no defence.
• Allen – not knowing alcohol strength does not count as involuntary intoxication.
What happens if D was so intoxicated they could not form mens rea?
• D receives a complete acquittal for both specific and basic intent offences.
