Intoxication

• What is intoxication based on?

  a failure to form mens rea due to alcohol, drugs or other substances
• Whether the defence is available depends on what two things?

  1. intoxication was Voluntary or Involuntary
  2. offences is specific or basic intent
• Give three examples of specific intent offences

  1. Murder
  2. s.18 OAPA 1861
  3. Theft, Robbery, Burglary
• Give three examples of basic intent offences

  1. Manslaughter
  2. s.20 and s.47 OAPA 1861
  3. Assault and Battery
• What must be proved for specific intent offences?

  Intention must be proved
• What is enough for basic intent offences?


  Recklessness is enough
• What is voluntary intoxication?

  Where D has chosen to take an intoxicating substance
• when can voluntary intoxication be a defence?

  when D is so intoxicated they cannot form the mens rea
• What is voluntary intoxication a defence for?

  Specific intent offences
• What can liability be reduced to for voluntary intoxication?

  a crime of basic intent
• Give an example of specific intent offence being reduced to basic

  Sheehan and Moore
• What was the point of law in gallagher?

  The intent was formed prior to the intoxication so he was guilty of murder
• Why is voluntary intoxication not a defence to basic intent crimes?

  voluntarily becoming intoxicated is reckless and recklessness is enough for the mens rea
• Give a case for voluntary intoxication for basic intent crimes


  Majewski
• What is involuntary intoxication?

  D did not know they were taking an intoxicating substance
• What situations does involuntary intoxication include?

  prescribed medication is taken as directed and has an unpredictable effect
• Give a case for medication effects

  Hardie
• Involuntary intoxication is a defence to specific and basic intent offences provided what?

  D is so intoxicated they have not formed the mens rea
• If D still formed the MR despite his intoxicated state, would intoxication still be a defence?

  No