Voluntary

• Definition

  If a person commits a crime whilst intoxicated they have no mens rea

  • Voluntary
  • Involuntary
• Voluntary 


  • Did they form the M.R before hand?- Dutch courage rule
  • Does he have no knowledge of the crime he did
  • Specific intent only
• Dutch courage rule 


  A.G for Northern Ireland v Gallagher

  • If the person drank in order to be able to commit the crime, already had the M.R before hand
  • Defence not allowed if true
• Unawareness


  R v Kingston

  • there needs to be total unawareness of the crime whilst intoxicated
  • Defence not allowed if not
• Specific intent 


  Can only be crimes with specific intention required

  • S.18
  • Theft
  • Murder

  R v Lipman
• Basic intent 


  Crimes with recklessness allowed cannot be done under this defence, as they recklessly became intoxicated.

  Majewski rule