Intoxication

• What type of defence is it?

  common law defence

  reduced capacity due to intoxicating substance
• What are the two key questions asked?

  intoxication- voluntary/involuntary

  specific or basic intent
• Voluntary intoxication?


  Never a complete defence

  Excessive consumption leads to reckless behaviour
• Specific intent test?


  At the time of defence did D have required intent

  if no , partial defence reduced from specific to basic intent
• AG for NI V Gallagher?


  abusive when drunk, medical condition

  brought knife and whiskey when sober- specific intent

  unsuccessful
• R V Lipman?


  Both taken drugs, believed she was a snake

  successful - murder reduced to manslaughter
• DPP V Majewski?


  Basic intent cases- voluntary intoxication is not a defence as voluntary nature is reckless enough
• Involuntary intoxication?


  already not reckless
• What is the test for involuntary intoxication?


  Did D have intent for offence

  yes- D has mens rea, no defence despite involuntary

  No- completely aquitted
• R V Kingston?


  Denn drugged boy and D (paedophile), D assaulted child

  Drugged/ drunk intent still an intent
• R V Allen?


  If D knows they are ingesting an intoxicating substance but not aware of strength= not involuntary