Involuntary Intoxication

Question 1

Define Involuntary Intoxication

Answer 1

Where D becomes intoxicated without choosing to.
Examples: Drink Spiked, Taking medication as prescribed.

Question 2

What is the Exam Structure you should follow for answering Involuntary Intoxication

Answer 2

1. Was Intoxication Involuntary
2. Did D form the Mens Rea
3. Apply Rule

Question 3

Explain First Rule Involuntary Intoxication

Answer 3

• D must not know they are taking an intoxicating substance OR
• The substance has an unexpected effect

Question 4

What case shows a substance which had an unexpected effect

Answer 4

R v Hardie - D took valium (a normal calming drug) then unexpected aggressive effect took place. Held: Involuntary Intoxication

Question 5

Explain the Core Rule Mens Rea

Answer 5

Did D Form the Mens Rea of the Offence?
- If D has MR -> Guilty
- If D doesn’t have MR -> Not Guilty

Question 6

Explain when D has Mens Rea

Answer 6

• Even though intoxication is involuntary, D is still guilty if intent is present

Question 7

Give a case where Involuntary Intoxicated but still formed intent

Answer 7

R v Kingston - D’s drink was spiked but he still formed intent, Guilty. “A drugged intent is still intent.”

Question 8

Explain when D doesn’t have Mens Rea

Answer 8

• If intoxication prevents D from forming intent -> Complete Defence.
  No Mens Rea = no crime