Intoxication (Involuntary)

Question 1

1. Involuntary occurs where the defendant does not choose…

Answer 1

Involuntary occurs where the defendant does not choose to take the intoxicating substance or where he has taken a prescribed drug not knowing it will make him intoxicated, (Hardie).

Here…

Question 2

2. Involuntary intoxication can be a defence to both specific and basic intent crimes…

Answer 2

Involuntary intoxication can be a defence to both specific and basic intent crimes, if the defendant is unable to form the mens rea due to extreme intoxication, as in Hardie, but is not a defence where the defendant was able to form the mens rea, established in Kingston

Question 3

To Conclude…

Answer 3

To conclude, D may be found not guilty due to involuntary intoxication.