Involuntary Intoxiction Flashcards
What is involuntary intoxication?
Where D does not know he was taking alcohol or drugs (Hardie) - it applies where D becomes intoxicated through no fault of his own.
Examples - spiked drinks, prescribed drugs, non dangerous drugs in a non dangerous way
What is involuntary intoxication?
Involuntary intoxication is where D does not now he was taking alcohol or drugs (Hardie), and where D becomes intoxicated through no fault of his own. Examples of this are spiked drinks, prescribed drugs, non dangerous drugs in a non dangerous way.
Summary order of involuntary intoxication
1) Was the intoxication involuntary? How?
2) Could D form the MR? - if no, full defence, no matter the crime
What type of defence?
Complete defence provided that D lacked MR to commit the offence. This is regardless of the type of offence because if he has no MR he cannot form intention to commit a specific intent offence, and because he has become involuntarily intoxicated, he has not been reckless in becoming intoxicated and has therefore not formed the MR of the basic intent offence.
