Involuntary Intoxication

Question 1

Involuntary occurs where the defendant does not…

Answer 1

Involuntary Intoxication occur where the defendant does not choose to take the intoxicating substance or where the defendant takes an intoxicating substance not knowing that it will make him intoxicated, as in Hardie.

Question 2

Involuntary Intoxication can be a defence to…

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 as in Hardie, but may not be a defence if the defendant does have the Mens Rea established in Kingston.

Question 3

2. Here…

Answer 3

Here, [eg. D was probably unable to form the mens rea of the offence of……………. because he was serverly intoxicated and has no recollection of the events so he may not be found guilty

Question 4

To Conclude…

Answer 4

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

Question 5

1. Here…

Answer 5

Here, [eg. involuntary intoxication may apply as D did not choose to take the intoxicating substance of…………….because his drink was spiked OR D had taken the prescribed intoxication substance of………………..not knowing it will make him intoxicated