Intoxication + eval

• 2 issues to be addressed

  1. was the intoxication voluntary or not?

  2. was the offence that was committed a basic intent or specific intent crime?
• Sheerhan and Moore/ DPP vs Beard

  the mens rea must be completely negated for the defence to succeed
• Gallagher

  Drunken intent is still intent
• Majewski

  Voluntary intoxication is NEVER a defence for basic intent crimes
• Kingston

  Involuntary intoxication includes where the defendant didn't know they were taking an intoxicating substance or taking it due to duress.

  It is a defence to all crimes but the mens rea must be negated.
• Hardie

  If the defendant takes a sedative drug and it has the opposite effects, they can rely on defence.
• Bailey

  If they take a prescribed drug and there unexpected side effects they can rely on it but not if reckless.
• common law - pro

  1. common law allows cases to be heard on merit
• majewski - pro

  2. MAJEWSKI supports public policy as it protects the public
• SI crime - pro

  3. defence successful for SI crimes if they didnt have MR- fair on DPP vs BEARD.
• majewski - con

  1. MAJEWSKI says 'drinking is reckless' - so anyone that drinks is reckless. - UK are a drinking culture- would lose money if got rid of alcohol.

  2. MAJEWSKI contradicts the coincidence rule of actus reus and mens rea- doesnt follow legal principle as need both at the same time.
• drink and drugs - con

  2. there is no difference between drugs and drink even though drugs are ILLEGAL.
• BI and SI crime - con

  4. some of the SI crimes dont have a BI fall back alternative meaning they would receive a full crime punishment like theft has no fall back but a s18 does to a s20
• reforms

  1. Proposal of the Butler Committee and Law Commission- said a max penalty of 1 year for a first offence and rising to 3 years for any later convictions

  2. Make it a full defence? since the D was incapable of forming the MR, the legal principle said that the defendant should be let go- meaning that intoxication would result in a complete acquittal for all crimes.