Intoxication Flashcards
General rule
Does not provide a defence in the true meaning of the word but instead is relevant in determining if D has MR for the offence
It will only work as a defence if it negates the MR
Type of intoxication
Needs to be worked out in order to establish if D has MR
Voluntary intoxication
D knows and has chosen to take an intoxication substance. e.g. Solvants, Alcohol e.t.c
D will be regarded as voluntarily intoxicated if he knows the effects of a prescribed drug will make him intoxicated.
Involuntary intoxication
D isn’t aware that he has taken an intoxicating substance. e.g. Spiking drink
Type of crime:
Specific intent
Need MR of intention e.g. S18 OAPA or murder
Type of crime: Basic intent
Need MR of recklessness e.g. S20 OAPA, battery, assault, ABH, involuntary manslaughter
Voluntary intoxication and specific intent offences
Voluntary intoxication can negate the MR for a specific intent offence which means that the fact D has intoxicated himself might make him unable to form needed MR of the offence.
Lipman
D will not be convicted of a specific intent offence if the intoxication prevents him from forming the MR of offence.
Sheehan and more
Ds were drunk and set fire to homeless men. Because they were drunk, this negated their MR.
Gallagher
If D has the required MR of the specific intent offence, despite being intoxicated, then he will be convicted.
Drunken intent is still intent.
Voluntary intoxication and basic intent offences: Majewski
Voluntary intoxication will never be a defence to basic intent crimes as D will always have been reckless in becoming intoxicated and this can be transferred to satisfy MR of crime.
Involuntary intoxication and specific intent offences
Key issue is identifying if D had MR of specific intent offence at the time of committing the offence.
Kingston
If D has the MR of the specific intent offence, despite intoxication, he will be guilty.
A drugged intent is still intent.
However, if intoxication negates MR, D won’t be guilty.
Allen
To be regarded as involuntary intoxication, the intoxication must be completely involuntary. - if not, it will be treated as voluntary intoxication.
Involuntary intoxication and basic intent offences: Hardie
When D is involuntarily intoxicated, he has not been reckless in becoming intoxicated. If D has not been reckless in the offence either, then he will not have MR required and will be found not guilty.
