LAW P1 CRIM (INTOXICATION)

Question 1

What is intoxication?

Answer 1

Intoxication covers the effect of alcohol, drugs, and other substances such as solvents.

It is not a defence, but it can throw doubt on the defendants ability to form the necessary mens rea for the offence committed.

Question 2

What are the 2 types of intoxication?

Answer 2

• Voluntary intoxication
• Involuntary intoxication

If the defendant does not have the necessary mens rea because they were intoxicatted, they may not be guilty. However, this depends on whether the intoxication is voluntary or involuntary, and if the offence committed is one of specific or basic intent.

Question 3

What is voluntary intoxication?

Answer 3

Voluntary intoxication is where the defendant chooses to take a substance that they know can cause intoxication.

This can be a complete defence to specific intent crimes, but will usually not be a defence to crimes of basic intent.

Question 4

What are the cases for voluntary intoxication?

Answer 4

• R v Lipman (specific intent), The defendants intoxication can be used to show that he lacked the mens rea for murder, as a crime of specific intent
• DPP v Majewski (basic intent), the house of lords confirmed that voluntary intoxication is not a defence for basic intent crimes

Question 5

What is involuntary intoxication?

Answer 5

Involuntary intoxication is when the defendant was unaware they were taking an intoxicating substance.

Involuntary intoxication can be a defence to both specific and basic intent offences, but the intoxication must mean that the D cannot form the MR, intoxicated intent is still intent.

Question 6

What are the cases for involuntary intoxication?

Answer 6

• R v Hardie, if the defendant takes a drug then the intoxication might be involuntary if he expected it to have the opposite effect
• R v Kingston, the defendant had the mens rea and therefore could not rely on a defence of involuntary intoxication.