Intoxication

• 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)