Intoxication

Question 1

What does the availability and effect of intoxication depend on?

Answer 1

The availability of the defence and its effect will be dependant on these things:

1. The manner in which the defendant became intoxicated.
   - Involuntary intoxicated treated differently than voluntarily intoxicated.
2. The level of intoxication.
   - D must provide evidence of the intoxication for the judge.
3. The type of offence they committed while intoxicated.
   - If voluntarily can still be charged with basic intent crimes but not specific. Involuntary can raise defence for both.

Question 2

What is the definition of intoxication?

Answer 2

Not a defence rather a factor when trying to establish if the defendant had the mens rea.
The essence of intoxication is that the defendant was so intoxicated that they are incapable of forming the mens rea of the offence.

Question 3

How can a person become involuntarily intoxicated?

Answer 3

1. If they have been ‘spiked’ without their knowledge.
2. They’ve taken prescription drugs.
3. If they’ve had an unexpected reaction to soporific drugs.
4. If they’ve taken substances under duress.

Question 4

What is meant by a person who has been ‘spiked’ without their knowledge?

Answer 4

If this occurred it would normally result in a full acquittal unless D was still able to form the mens rea.

R V Kingston-

• Was a known homosexual and paedophile, he was blackmailed and spiked. Taken to a room with a 15 year old boy, he abused him.
• Even though involuntarily intoxicated he has still formed the mens rea so was still guilty.

Question 5

What happens if D has taken prescription drugs?

Answer 5

This may also lead to a full acquittal unless there is sufficient evidence that D has taken medicine recklessly.

R V Bailey-

• Committed GBH and had taken insulin but did not eat afterwards.
• He knew there was a risk of him becoming violent so he was reckless so guilty under S.20.

Question 6

What is meant by D had an unexpected reaction to soporific drugs?

Answer 6

If D does not see risk that the drug will have an unexpected or unpredictable affected, D will be considered to be involuntarily intoxicated.

R V Hardie

• Took some of gf’s valium during argument , should make him calm down but instead had opposite effect.
• He was not aware it would have the unexpected effect which made him burn flat down so not reckless.

Question 7

What happens if they have taken the intoxicating substance under duress?

Answer 7

USA cases state that this type of intoxication will be considered involuntary and lead to a full acquittal but currently no UK cases.

Question 8

What happens if D has voluntarily become intoxicated?

Answer 8

If D has voluntarily consumed intoxicating substance and is incapable of forming mens rea this will be a defence to specific intent but not basic intent.

DPP V Beard-

• Could not form mens rea of murder due to intoxication do instead found guilty of manslaughter.
• Dropped to basic intent crime.

Question 9

What is the difference between specific intent and basic intent crimes?

Answer 9

• Crimes of specific intent are ones where mens rea is intention only.
  E.G. murder and S.18 GBH.
• Basic intent crimes are crimes whose mens rea will include recklessness, if voluntarily intoxicated they will not have a defence to these crimes.

Question 10

What is the rule on dutch courage?

Answer 10

If they deliberately become intoxicated to give them the courage to commit a crime then intoxication will never be a defence.

Northern Ireland V Gallagher-

• Wanted to kill wife so drank whiskey to build courage.
• Conviction upheld as he had already formed the mens rea before intoxication.

Question 11

What is the rule with intoxication and self defence?

Answer 11

No defence if D has made a mistake as to the need of self-defence due to intoxication.

Question 12

What is the effect of intoxication?

Answer 12

• D must provide evidence for intoxication and then prosecution must prove beyond all reasonable doubt.
• If voluntarily intoxicated and incapable of forming mens rea then will be a defence to specific intent crimes but not basic.
• If involuntarily intoxicated and incapable of forming mens rea then will be a defence to specific and basic intent crimes.