The Defence Of Intoxication Flashcards
What does the defence of intoxication cover?
this defence covers any form of intoxication by drugs, alcohol or any other substances (such as sniffing glue)
what must be shown in order for this defence to work?
it must be shown that the defendant was so intoxicated that he was unable to form the mens rea of the offence in question.
R v Hardie 1983?
the defendant voluntarily took 7 valium tablets that were prescribed to his girlfriend. when under the influence he started a fire in the flat they were in. he claimed to have no recollection of anything after taking the tablets.
the d was convicted of causing criminal damage and the judge directed the jury that self-induced intoxication was not available as a defence by way of a basic intent crime.
the court of appeal quashed the conviction on the grounds that the d could not have anticipated that the tranquillisers would have that effect on him.
What situations does intoxication covers as a defence?
the defence depends on two key factors:
1) whether the offence in question is ‘specific intent’ or ‘basic intent’
2) whether the defendant’s intoxication was voluntary or involuntary.
the key differences between specific intent crimes and basic intent crimes
specific intent:
these offences may only be committed with the intention of the defendant - e.g. murder and s.18 OAPA 1861 (wounding or causing GBH with intent)
basic intent:
these offences have recklessness as part of their mens rea - e.g manslaughter and s.47 OAPA 1861(assault occasioning ABH)
voluntary intoxication
voluntary intoxication is generally obvious. For example if you go to the pub and drink a bottle of red wine, you have voluntarily become intoxicated.
Voluntary intoxication occurs if a person chooses to consume a substance known to make you unpredictable or aggressive.
