Unit 3 Defences: Intoxication (Involuntary Intoxication: (If D was aware…
Unit 3 Defences: Intoxication
Where D has chosen to take an intoxicating substance. Also where D knows that a prescribed drug will have an intoxicating effect
: If D is so intoxicated that they have not formed the M.R they are not guilty (
DPP v Beard
Sheehan and Moore
: Ds were very drunk and threw petrol over a tramp and set him on fire. they were to drunk to form any specific intent so not guilty.
: D decided to kill his wife. He bought a knife and a bottle of whiskey to give him self Dutch courage and then killed his wife. the planning illustrated intention so could not use the defence
Intoxication is no defence. voluntary becoming intoxicated is reckless in itself, therefore this fulfils the recklessness requirement.
DPP v Majewski
: d went of a pub crawl after taking drugs. he then attacked a man. getting drunk is reckless so fulfils the mens rea element so doesn't get the defence.
Richardson and Irwin:
Is also case authority for basic intent.
Where D becomes intoxicated unintentionally
When D's drink was spiked, the key is that D must be drinking a non-alcoholic drink for the defence to be valid.
D was given some home made wine. tried to claim that e was not voluntarily intoxicated because he didn't know how strong the wine was. but he could not claim the defence
If D was aware of the effect of the drug and takes the drug anyway he cannot claim the defence.
If drugs are taken medical advise the D would be involuntarily intoxicated as most are unaware of potential side effects.
: If drugs caused a sedative state then D may not be able to claim Involuntary intoxication, as taking the drug could be reckless
Intoxication is not defence if D still formed the MR of the offence.
No defence if D can form M.R
: A drunken intent is still an intention, the mere fact D's mind was affected by drink so that he acted in a way in which he would not have done had he been sober, does not assist him at all if there was intention.
Press and Thompson:
2 men attacked another man at a burger van. Even if D's intention was formed in drink, it was nevertheless an intention.
There are two main stages to assess: Was it voluntary or involuntary intoxication? Was it specific or basic intent?