Involuntary Intoxication Flashcards
What type of intoxication do the Majewksi rules apply to?
Voluntary
What is involuntary intoxication?
When the defendants drink is spiked with drugs or alcohol or they have an adverse reaction to prescribed drugs but they are unaware this would happen.
If you are voluntarily intoxicated, what type of crime needs to be committed for the defence of intoxication to be available to you?
It can be a specific or a basic intent crime
If you are involuntarily intoxicated and your defence of intoxication plea is successful what is the outcome?
An acquittal
For involuntary intoxication, what need to be proved?
That the intoxication negates the mens rea (that the defendant did not have the required mens rea)