Unit 4 – Defence of Intoxication

Question 1

Voluntary intoxication is only a defence to a specific intent crime.

Answer 1

Specific intent = Crimes which only have intent in the mens rea, not recklessness.

Basic intent crime = Crime which has intent / recklessness in the mens rea

Question 2

When can voluntary intoxication be used?

Answer 2

• Voluntary intoxication is only a defence provided it deprives D of the mens rea.
• D will only have a defence if they were incapable of forming the intent (i.e., aim/desire/purpose to commit the offence due to voluntary intoxication

Question 3

If D is aware of their alcochol consumption but underestimated its effects …

Answer 3

Still voluntaryily intoxicated.

Question 4

What is defence of voluntary intoxication of non-dangerous drugs?

Answer 4

Non dangerous drugs = If it is not common knowledge that it causes the taker to become aggressive or unpredictable, e.g., sleeping pills, things given by doctors (R v Hardie)

• Voluntary intoxication of non-dangerous drugs may provide a defence to both specific or basic intent crimes provided, the intoxication of the non-dangerous drug deprived D of the MR.

R v Hardie – Unexpected side effects of a drug voluntarily taken then becomes involuntary intoxication.

Question 5

What is defence of involuntary intoxication?

Answer 5

• Involuntary intoxication (of anything) may be a defence to both specific and basic intent crimes.
• It will only be a defence provided the involuntary intoxication deprives D of the MR.