Involuntary Intoxication Flashcards
DEF
Involuntary intoxication is where D takes an intoxicating substance but is unaware or the intoxication is an unwanted side effect.
Test
Whether D had the necessary MR at the time of the offence.
D will be entitled to a full defence
as long as he was not reckless in the taking the drug.
Allen
it is still voluntary intoxication if D thought they were drinking a drink with a lower alcohol percentage than they were actually were as they were still drinking.
Bailey
D takes a prescribed drug from a doctor and becomes intoxication.
Hardie
Calming drugs such as sedatives or tranquillisers generally make a person sleepy or relaxed.
Laced drinks
D is completely unaware that they are consuming an intoxicant as his drink has been laced, he may have a complete defence.
Kingston
D was convicted of indecent assault as despite the effects of any drugs. he still possessed the necessary MR. The Law Lord stated that a drunken intent is still intent.
Involuntary is less strict than voluntary AO3
P- It is not fair as they do not intend to do the actions when drunk.
DP - Law needs reform by some where the D’s inhibitions are broken down involuntary. For example, in Kingston D is guilty if he formed the necessary MR but ignores the fact he wasn’t to blame for the intoxication in the first time.
WDP - Although it upholds public policy as it’s protects the public.
Fotheringham
An intoxicated mistake will not provide a defence to a crime of basic intent and will only assist a crime of specific intent if the D can show they did not form the MR.
O’grady
Intoxication failed as manslaughter is a crime of basic intent and D had been reckless in becoming intoxicated therefore a drunken intent is still an intent.
