Involuntary Intoxication Flashcards
What is involuntary intoxication?
Involuntary intoxication occurs when the defendant does not choose to take the intoxicating substance or takes a prescribed drug not knowing it will make him intoxicated.
Can involuntary intoxication be a defense?
Yes, involuntary intoxication can be a defense to both specific and basic intent crimes if the defendant is unable to form the mens rea due to extreme intoxication.
When is involuntary intoxication not a defense?
Involuntary intoxication is not a defense where the defendant was able to form the mens rea.
What case illustrates involuntary intoxication?
The case of Hardie illustrates involuntary intoxication.
What is a potential example of involuntary intoxication?
An example is if D did not choose to take the intoxicating substance because his drink was spiked or if D took a prescribed drug not knowing it would make him intoxicated.
What can be concluded about involuntary intoxication?
D may be found not guilty due to involuntary intoxication.
What is the intro for involuntary intoxication?
(the same as the intro for voluntary intoxication)
The defence of intoxication may apply where the defendant does not have the required men’s rea. A distinction is made between voluntary and involuntary intoxication and between basic and specific intent crimes.
