involuntary intoxication

Question 1

intro ?

Answer 1

• the defence only applicable to specific and basic intent offences

Question 2

firstly proven ?

Answer 2

-involuntary intoxication is where the d is unaware they have consumed substances such as alcohol, drugs and other intoxicating substances
-cover situation where prescribed drugs have unexpected effect of making d intoxicated

Question 3

secondly proven ?

Answer 3

-in order for defence to be successful must be proven that if sober, the d would not have formed men’s rea in the situation
-however drugged intent is still intent, even if intoxication was involuntary as in kingston
-intoxicating substance can be taken voluntarily, if the d didnt understand the effect of taking substance (hardie)