Intoxication

• Intoxication can either be voluntary or involuntary.
• There are 3 elements for intoxication:

  1. Type of intoxication
  2. Type of offence
  3. Did the defendant have the mens rea?
• Voluntary intoxication is when the defendant takes the drink or drugs of their own free will.
• Involuntary intoxication is when the defendant doesn't know they've taken drugs or alcohol.

  1. Being spiked
  2. Prescribed by his doctor
  3. Takes a "non-dangerous" drug in a "non-reckless way"
• Voluntary intoxication can negate the mens rea for specific intent crimes.

  Sheehan and Moore
• Voluntary intoxication itself is considered reckless so is not a defence to basic intent crimes

  Majewski
• Not realising the strength of the drugs or alcohol does not make it involuntary intoxication.

  Allen
• Involuntary intoxication is when the defendant does not take drugs or alcohol by their own free will or they take them deliberately but they have a different effect.
• If the defendant didn't form the mens rea then they aren't guilty.
• Specific intent is when the defendant has an intent that they want to achieve
• Basic intent is more general and usually means recklessness
• Voluntary intoxication is only a defence to specific intent crimes.
• Involuntary intoxication is a defence to both types of crime.
• Dutch courage is having the mens rea before the intoxication. The defence would not be valid.
• Kingston: No defence as mens rea was present.
• Attorney-General for Northern Ireland v Gallagher: Drunk intent is still intent.