Intoxication

• Definition

  Where D argues that he was not able to form the MR of the alleged crime due to excessive drinking or forms of drug taking
• Voluntary intoxication

  where D choses to take drug or drink out of his own will
• voluntary (Specific intent crimes)

  Intoxication is available defence, but D will be convicted of a basic intent alternative, if not there will be a full aquittal.

  • R v Lipman
• voluntary (Basic intent crimes)

  not an available defence as the act of getting drunk is 'reckless' and can therefore be considered as sufficient MR

  • R v Majewski
• Involuntary intoxication

  Where D becomes intoxicated, but not through choice ie spiking or unexpected side effects of drungs

  • R v Hardie
• R v Allen

  ignorance to level of alcohol/ how much drunk is not sufficient
• effect of involuntary intoxication

  Applying both to specific and basic intent crimes, D will not have MR if involuntarily intoxicated so full defence available
• R v Kingston

  If D had the MR before becoming involuntarily intoxicated cannot use defence
• R v O'Grady

  mistakes of fact which are induced by voluntary intoxication are to be denied
• AG for NI v Gallagher

  'dutch courage' is not a defence for either type of intoxication
• R v Sheehan and Moore

  regardless of the type of intoxication, if D was capable of forming MR, they will be accused of crime