Summary
Summary of defence of intoxication - Criminal law
- Module
- A2 Unit G153 - Criminal Law
- Institution
- OCR
A summary sheet including the defence of intoxication
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Mental capacity defence. It isn’t allowed as an absolute defence in allcircumstances. As a matter of public policy, there is a need to discourage
antisocial behaviour caused by drink/drugs. Technically not a defence, just to
argue D didn’t have the MR. Leading case of Majewski sets out the rules.
Draws a distinction on whether the intoxication was voluntary or involuntary.
Also matters whether D has committed a specific intent or basic intent crime.
Specific intent - only intention will do for MR. Basic intent - Recklessness is
enough for MR.
Involuntary intoxication:
D was spiked, under duress, prescriptions that have unexpected effects,
soporific or sedative drugs that have the opposite effect (Hardie). It will not
apply where D has underestimated the effect of the drugs they have taken
(Allen). Can be a defence to both specific intent and basic intent, provided D
has not formed MR. Kingston - intoxication was involuntary but D still
formed MR to abuse the boy, so had no defence. Hardie - D took wife’s valium
and set fire to the wardrobe, not voluntary as D was not reckless.
Voluntary intoxication:
No defence to basic intent crimes, becoming intoxicated is a reckless course of
action in itself (Majewski). It can be a defence to specific intent crimes but not
if D had formed the MR (Gallagher). If there is a fallback offence for the
specific intent offence that D is charged with, then intoxication will only
provide a partial defence (Lipman). Richardson and Irwin - if they hadn't
been drinking would they have realised the risk of injury? If not they may
have a defence and be found not guilty. (court of appeal suggested this as an
alternative approach, used to say if the outcome would have been different if
we take this approach).
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