Intoxication

• Common law - Definition ' a failure to form the mens rea due to the alcohol/ drugs / other substances'
• Voluntary intox - Specific intent

  D has chosen to take the substance and or d knows the effect of a prescribed drug will make them intoxicated
• Taking a non dangerous drug may also class as voluntary intoxication ( Coley )
• If defendant was intoxicated and unable to form the mens rea - partial defence ( Beard )
• Drunken intent is still intent ( Gallagher ) - partial defence
• The fall back principle - ( NI V Bratty ) = Does not have the intent for a specific intent crome so falls back to basic intent crime - murder to manslaughter
• Voluntary intoxication - basic intent crimes = Voluntary intoxication cannot provide a defence to basic intent crimes ( DPP V Majewski )
• Involuntary intoxication - specific and basic intent

  'involuntary intoxication = the defendant becomes intoxicated through no fault of his own '
• ( pearson ) = specific as no intent to commit the crime

  basic as not recklessness as to getting intoxicated
• if defendant has the mens rea before becoming intoxicated the no defence ( Kingston )
• sedative drugs are distinct from dangerous ones ( Hardie )
• intoxicated mistake = if defendant mistaken about a key point because they are intoxicated - specific intent only get defence if it was a mistake about something meaning the defendant had no mens rea - basic intent = no defence ( O Grady - Hatton )