Intoxication

• Definition

  • D was so intoxicated that he was unable to form the mens rea of the offence in question
  • Covers alcohol, drugs or other substances (e.g - sniffing glue)
• Elements

  1. 'Specific' or 'Basic' intent
  2. Acts were voluntary or involuntary
  3. Unable to form mens rea
• Specific + Basic intent

  • Specific - intention of D - e.g. = murder + s.18 OAPA 1861 (GBH)
  • Basic - recklessness part of mens rea - e.g. = manslaughter + S.47 OAPA 1861 (ABH)
• Voluntary

  • May not be able to form mens rea
  • DPP v Beard test = 'D so drunk that he was incapable of forming intent required
  • R v Sheehan v Moore

  Voluntary + basic intent

  • recklessness is sufficient instead of intention
  • DPP v Majewski
• Involuntary

  • Doesn't know he has taken it
  • Shows he didn't have relevant mens rea at the time
  • R v Kingston
• Mistake

  • If D is mistaken about a key factor - impact depends what it's about
  • Where mistake is about something that means the D didn't have necessary MR required then for specific intent = defence
  • Basic intent = no defence
• Self defence

  • S76 of the Criminal Justice + Immigration act 2005 provides reasonable force may be used for purpose of self defence
  • However S76(5) = 'doesn't enable D to rely on any mistaken belief attributable to intoxication that was voluntarily induced'