Intoxication

• Majewski?

  • Voluntary intoxication
  • Involuntary intoxication
• Voluntary intoxication - Gallagher?


  Can only use for specific intent offences if D did not form MR
• Gallagher, However, where there is a fall-back offence (that can be committed recklessly) then voluntary intoxication will only be a partial defence, e.g. murder to manslaughter (Lipman)

  • Cannot use for basic intent offences – getting intoxicated is reckless in itself (Majewski)
• CoA took an alternative approach in Richardson & Irwin – ask jury whether D would have seen the relevant risk had they been sober.
• Involuntary manslaughter:

  • Includes being spiked, or a prescription drug that has the opposite effect
  • Defence to specific & basic intent offences, as D has not been reckless in getting intoxicated (Hardie)
  • Cannot use involuntary intoxication as a defence if D formed MR (Kingston)