Voluntary Intoxication Flashcards
The Defence of Intoxication may apply….
The Defence of Intoxication may apply, where the defendant does not have the required Mens Rea.
A Distinction is made between Voluntary and Involuntary Intoxication and between Basic and Specific Intent Crimes.
Voluntary Intoxication can occur…
Voluntary Intoxication can occur when the defendant chooses to take an intoxicating substance or where the defendant has taken a prescribed a drug knowing it will make him intoxicated
If the defendant is so intoxicated…
If the defendant is so intoxicated that he has not formed the Mens Rea for a specific intent crime, then he will be found guilty of a lesser “fallback” crime as in Lipman the intoxication must therefore me extreme.
Voluntary Intoxication, However…
Voluntary intoxication however is not a defence to basic intent crimes, established in DPP v Majewski.
If the defendant has the necessary Mens Rea…
If the defendant has the necessary Mens Rea for the offence, despite their intoxication, then they are guilty.
For example, this can happen in ‘Dutch Courage’ Cases where the defendant initially has the Mens Rea, but when committing the Actus Reus, does not have the Mens Rea due to their intoxication, set out in A-G for Northern Ireland v Gallagher.
Where D is unable to form the Mens Rea due to an Intoxicated Mistake about a…
Where D is unable to form the Mens Rea due to an intoxicated mistake about a KEY FACT there will be NO defence to a Basic Intent Crime, as this mistake will be sufficient for recklessness, but it may be a defence to a Specific Intent Crime as in Lipman.
To Conclude…
To Conclude, D may use the defence of voluntary intoxication, [but may be found guilty of a basic intent crime [like S20 GBH OAPA 1861, Manslaughter, etc]
