Intoxication

Question 1

definition

Answer 1

intoxication itself doesnt always provide a defence

Question 2

was the defendant reckless

Answer 2

voluntary intoxication = reckless
involuntary intoxication = not reckless

Question 3

was it a specific or basic intent crime

Answer 3

specific intent crimes can use both voluntary and involuntary (kingston)

basic intent crimes must have involuntary intoxication (Lipman) cannot be used with reckless intoxication (majewski)

Question 4

level of intoxication

Answer 4

however, intoxication does not always provide a defence as it can only be used if the defendant is too intoxicated to be able to form the mens rea of the offence (gallagher)