Intoxication

• Intoxication can be raised when the D has taken drugs or drink. The D must provide evidence of intoxication and the burden of proof is on the prosecution to prove beyond reasonable doubt that the D formed the necessary mens rea.
• It must first be determined if the D has taken them voluntarily or involuntarily and whether the crime committed is a specific or basic intent crime. Voluntary intoxication is only ever a defence to specific intent crimes.
• Sheehan and Moore


  The mens rea must be completely negated for the defence to succeed.
• Gallagher


  If the mens rea is present then the defendant will not be able to raise the defence.
• Majewski


  Voluntary intoxication is never a defence to basic intent crimes.
• Kingston


  Involuntary intoxication is a defence to all crimes but the mens rea must be negated.
• Hardie


  If the D takes a sedative drug and it has the opposite effects, then they can rely on the defence.
• Bailey


  If they take a prescribed drug and there are unexpected side effects they can rely on the defence but not if reckless.