involuntary

• X is involuntarily intoxicated because...

  • laced drinks (unaware that they are taking alcohol or drugs - Kingston
  • prescribed drug (has unpredictable effect) - Bailey
  • non prescribed drug (has unexpected effect - Hardie
• this can be defence to both basic intent crimes and basic intent crimes - majewski
• however Kingston provides that it can only be a defence if the D was unable to form the mens rea.