Intoxication

    Cards (12)

    • Raised when taking intoxicating substance such as drink or drugs
    • Def needs evidence of intoxication
    • Burden of proof on prosecution to prove that def formed mens rea
      1. was intoxication voluntary or involuntary?
      2. Basic or specific intent crime?
    • Voluntary intoxication only defence to specific intent crime
    • Mens rea should be completely negated for defence to succeed (Sheerhan and Moore) (DPP V Beard)
    • If mens rea is present, no defence (Gallagher)
    • Voluntary intoxication never defence to basic intent crimes (Majewski)
    • Involuntary intoxication where def didn't know they were taking a substance or taking it due to duress
    • Defence to all crimes but mens rea must be negated (Kingston)
    • If sedative drugs has opposite effects can rely on defence (Hardie)
    • Prescribed drug with unexpected effect can rely on it (Bailey)
    See similar decks