Intoxication

Intoxication

1. Can't make a mistake if intoxicated

   • R v O'Grady (1987)

2. 3 stages to find out if the defence is available for the individual

   • Voluntary or involuntary
     • The level of intoxication
       • The type of offence committed whilst intoxicated

3. Intoxicated by alcohol, drugs, solvents or a combination

4. Must be so intoxicated that they are unable to form the mens rea

   • R v Sheehan and Moores

5. A defendant may be classed as being involuntary intoxicated; may arise in four different situations

   • Involuntary; defence to both basic and specific intent
   • 1. The defendant had been spiked
     • R v Kingston 1994
       • Public policy decision, intended to protect society from known peodifiles,
         • Professor Clarkson disagrees with this decision
     • R v Allen 1988
   • 2.The defendant has taken prescription drugs
     • R v Bailey 1983
   • 3. Unexpected reaction to soporific drugs
     • R v Hardie 1984
   • 4. intoxicating substance under duress
   • Even if the defendant falls under one of the 4 situations, they still need to prove the mens rea

6. Voluntary intoxication; this applies to the defendant who has voluntarily consumed alcohol or drugs commonly known to make people aggressive or out of control.

   • Voluntary; defence to specific not basic
   • Before 1920 the courts aid it was an aggravating factor not a defence
   • DPP v Beard (1920)
   • DPP v Majewski (1977)
     • Majewski tules- if you are voluntary intoxicated you get the defence to specific intent crimes
       • Doesn't work for all crimes
         • Not all crimes have a corresponding basic intent crime, e.g. theft
           • Just get acquitted from crimes without one
   • R v Heard (2007)
     • Must charge the defendant with a basic intent crime if they want to convict them
     • If it was specific intent it would create a loophole in the law
       • Everyone voluntarily intoxicated would get acquitted even if they had sexually assaulted someone

7. if someone deliberately gets intoxicated to give himself 'Dutch Courage' to commit a crime, his intoxication will not be a defence to any crime

   • Attorney-General for Northern Ireland v Gallagher (1963)

8. Reforms

   • Ensure all specific intent crimes have a corresponding basic intent crime
   • Create a new offence
   • Full defence