intoxication

• Intoxication can be voluntary or involuntary
• Specific intent offences require intention to be proved, including murder, s.18, property offences, and attempts
• Basic intent offences, where recklessness is sufficient, include manslaughter, s.20, s.47, assault, and battery
• Voluntary intoxication is not a defense to basic intent crimes as becoming voluntarily intoxicated is considered reckless, replacing the mens rea for the offence
• In the case of Majewski, the defendant was considered reckless when intoxicated, and this recklessness replaced the mens rea of the offence
• Involuntary intoxication, where the individual does not know they are taking an intoxicating substance, is a defense to both specific and basic intent crimes
• In the case of Hardie, involuntary intoxication with valium tablets, leading to a rare unexpected effect, was not considered the defendant's fault
• In Kingston's case, where he was drugged without his knowledge but still had intent, the involuntary intoxication did not serve as a defense
• If an intoxicated mistake relates to self-defense or prevention of a crime, the defendant will not have a defense according to s.76 (5) CJ and Immigration Act 2008