Intoxication Defences

Question 1

WHAT IS THE GENERAL RULE FOR INTOXICATION DEFENCE?

Answer 1

Intoxication may be a defence to the commission of an offence:

• where the intoxication causes a disease of the mind so as to bring s23 (Insanity) of the Crimes Act 1961 into effect
• if intent is required as an essential element of the offence and the drunkenness is such that the defence can plead a lack of intent to commit the offence
• where the intoxication causes a state of automatism (complete acquittal).

Question 2

AS A GENERAL GUIDELINE, MOST OFFENCES WITHIN THE CRIMES ACT WILL REQUIRE INTENT OF SOME KIND. OUTLINE A DEFENCE THAT WOULD THEREFORE BE GENERALLY AVAILABLE:

Answer 2

Intoxication can be used as a defence and will be available to the defence to any crime that requires intent. It is for the defence to establish that the defendant did not have the required intent to carry out the offence.

Question 3

WHAT WAS HELD IN R V KAMIPELI?

Answer 3

It does not have to be shown that the defendant was incapable of forming the mens rea, merely that, because of their drunken state, they did not have the proper state of mind to be guilty.