intoxication

• voluntary intoxication

  • chose to take substance
  • coley convicted of attempted murder as his state of mind caused by voluntary intoxication
• sheehan and moore

  • drunken intent still an intent
• gallagher

  • dutch courage means no defence available
  • drank whiskey in order to kill his wife
• voluntary intoxication as defence for basic intent

  • not available
  • majewski - voluntary intoxication is reckless and recklessness enough to form mens rea for basic intent offences
• involuntary intoxication

  • spiked drinks
  • soporofic drugs with unusual affect ( hardie )
  • prescribed drugs with unusual effect ( bailey )
  • intoxicants under duress
• kingston

  • was drugged
  • but involuntary intoxication not a defence for D who proved to have the criminal intent when committing the offence
• if voluntary intoxication and specific intent

  • offence lowers to a lower one as recklessness not enough for si like murder ( lipman )