Voluntary Intoxicaton

Question 1

What is voluntary intoxication?

Answer 1

Where D takes drugs or alcohol of his own free will (Allen)

Question 2

What is the first step?

Answer 2

Was D able to form the MR of the crime committed - if YES - no defence (a drunken intent is still an intent - Kingston, Sheehan and Moore) if NO - move on

Question 3

What is the second step?

Answer 3

What type of crime did D commit?

• if basic intent crime there is no defence available, as Ds recklessness in becoming intoxicated supplies the recklessness in MR of the crime (Majewski rule)
• if specific intent crime - if D was too intoxicated to form intention the liability is reduced to the basic intent equivalent. Eg.s18-s20
• if D has MR before becoming intoxicated there is no defence - Dutch Courage

Question 4

Full Summary of voluntary intoxication

Answer 4

The defence of voluntary intoxication applies to situations where D takes drugs or alcohol of his own free will (Allen) and is intoxicated at the time the crime takes place.

First we must establish whether D was able to form the MR of the crime committed - if YES there is no defence as a drunken intent is still an intent - Kingston, Sheehan and Moore) if NO - move on.

Next we look to what type of crime D committed. If it is a basic intent crime there is no defence available, as Ds recklessness in becoming intoxicated supplies the recklessness in MR of the crime (Majewski rule). If its a specific intent crime - if D was too intoxicated to form intention the liability is reduced to the basic intent equivalent. Eg.s18-s20

• if D has MR before becoming intoxicated there is no defence - Dutch Courage