Intoxication

Intoxication

1. The defence covers intoxication by alcohol, drugs or other substances such as glue sniffing

2. Intoxication is not strictly a defence but can be used as such if it negates D's mens rea

3. Intoxication is a general defence and D will be acquitted if it succeeds. When D raises the defence, the burden is on the prosecution to prove beyond reasonable doubt that D still had the necessary mens rea.

4. Whether D can use the defence depends on:

   • whether the intoxication was voluntary or involuntary
   • whether the offence charged is one of specific or basic intent

5. The distinction between specific and basic intent crimes was made in DPP v MAJEWSKI

   • Specific intent offences: are generally those where the mens rea is intent only e.g murder and s.18 OAPA 1861
   • Basic intent offences: are generally those where the mens rea includes recklessness - eg the other non fatal offences and involuntary manslaughter

6. Voluntary intoxication is where D has chosen to take the intoxicating substance. It can also occur where D knows that the effect of a prescribed drug will be to make them intoxicated.

7. Involuntary intoxication is where D did not know he was taking an intoxicating substances

   • A soft drink 'spiked' with alcohol or drugs
   • The taking of prescribed drugs has the unexpected effect of making D intoxicated
   • A drug commonly known to calm someone down (eg tranquillisers) has the unexpected opposite effect

8. where D is voluntarily intoxicated, D will have a defence to a specific intent crime provided he is so intoxicated that he has not formed mens rea for the offence - SHEEHAN AND MOORE

9. Where D has the necessary mens rea despite his voluntary intoxication, then he is guilty of the specific intent offence. The intoxication does not provide a defence. AG FOR NORTHERN IRELAND v GALLAGHER (1963)

10. The amount of force used by D must be reasonable in the circumstances as D believed them to be. This is a question for the jury to decide

    • In householder cases, the degree of force used by D against a burglar will not be reasonable if it was grossly disproportionate in the circumstances: s.76 (%A) CIJA 2008.
    • In all other cases, the degree of force used by D will not be reasonable if it was