intoxication

• What does intoxication refer to in legal terms?


  Taking drugs and/or alcohol to the point that the defendant does not form the mens rea.
• What is the difference between involuntary and voluntary intoxication as a defense?

  Involuntary intoxication is a defense to all crimes, while voluntary intoxication is only a defense to specific intent crimes.
• What constitutes involuntary intoxication?


  When the defendant has been spiked or taken a prescribed drug without knowledge of the side effects
• Is Dutch courage a valid defense in intoxication cases?

  No, Dutch courage is not a defense.
• Will an intoxicated mistake count towards a defense in legal terms?

  No, an intoxicated mistake will not count towards a defense.
• Can revenge be considered intoxication in legal defenses?

  No, revenge cannot be considered intoxication.
• What are the key cases related to intoxication in criminal law?

  • Kingston
  • Majewski
  • Lipman
  • Hardie
  • Allen
  • Gallagher
  • O'Grady
• What is the principle established in Kingston regarding intoxication and mens rea?


  If mens rea is formed, there is no intoxication defense.
• What do Majowski and Lipman suggest about voluntary intoxication?


  Even if voluntarily intoxicated, there is still a query of basic intent.
• According to Harde, what can cause intoxication?


  Intoxication can come from prescribed drugs with unexpected effects.
• What does Allen state about the strength of a substance in relation to intoxication?


  Even if a substance is stronger than expected, it is still considered voluntary intoxication.