Intoxication

• What is the primary basis for the law on the defence of intoxication?

  Public policy considerations
• What are the two main reasons for the intoxication defence limitations?

  Intoxication's role in crimes and victim protection
• What financial aspects are considered in the intoxication debate?

  Costs to NHS versus tax revenue
• How are intoxicating substances treated under the law?

  All are treated similarly, legal or illegal
• What did the Law Commission criticize in their 2009 report?

  The rules on intoxication defence are inadequate
• What did the Law Commission recommend regarding Mens Rea in intoxication cases?

  It should be included as a deterrent
• Why is the terminology of SIO and BIO considered confusing?

  It is not used elsewhere in criminal law
• What is the distinction between specific intent offences (SIOs) and basic intent offences (BIOs)?

  SIOs require intent, BIOs do not
• Why is intoxication not allowed as a defence for BIOs?

  Getting drunk is seen as reckless behavior
• What is the issue with the timing of the decision to drink in relation to the offence?

  The decision may occur hours before the offence
• What case illustrates the timing issue of intoxication and the offence?

  Gallagher
• What is the consequence of having a "fall back" BIO in some cases?

  D may be convicted of a lesser offence
• What reform did the Law Commission propose regarding intoxication rules?

  Abolish and apply single rules across all offences
• How does the distinction between voluntary and involuntary intoxication create issues?

  It fails to consider individual impacts of intoxication
• Why might intoxication fail as a defence in rape cases?

  Rape is classified as a specific intent offence
• What happens to individuals charged with involuntary intoxication?

  They can still be found guilty if capable of forming MR
• What does the Law Commission recommend for involuntary intoxication situations?


  A specific list of situations should be included
• What approach do the cases Richardson and Majewski suggest for intoxication law?

  Consider if D would realize risks if sober
• What was the Butler Committee's stance on "dangerous intoxication"?

  They rejected the offence
• What did the Law Commission propose in 1993 regarding voluntary intoxication?

  Defence of voluntary intoxication to all crimes
• What was the Law Commission's 2009 proposal regarding intoxication and criminal liability?

  Remove specific/basic intent divide
• What is the presumption regarding intoxication in legal cases?

  No intoxication is presumed unless evidence exists
• What is required for a defence of intoxication in relation to integral fault elements?

  Integral fault elements like intention must be present