Involuntary intoxication

Question 1

The defence of

Answer 1

Intoxication may apply, where the defendant does not have the required mens rea. A distinction is made between voluntary and involuntary intoxication, and between basic and specific intent crimes.

Question 2

involuntary occurs where

Answer 2

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, as in Hardie.

Question 3

Here, involuntary intoxication may apply

Answer 3

as D did not choose to take the intoxicating substance of… because his drink was spiked OR D has taken the prescribed drug of… not knowing it will make him intoxicated.

Question 4

Involuntary intoxication can be a defence to

Answer 4

both specific and basic intent crime, 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 5

Here D was probably

Answer 5

unable to form the mens rea of the offence of because he was severely intoxicated, and no recollection of events, and he will be found not guilty.

Question 6

To conclude

Answer 6

d may be found not guilty due to involuntary intoxication