- Not a defence per se but can act as
a defence by throwing doubt on R v Majewski – Voluntary intoxication only available for specific
the ability to form MR; intent crimes (crimes that have a AR and MR).
- Balanced against public policy.
Voluntary Intoxication Involuntary
Basic Intent = Must not be able to form MR completely (R v
Kingston)
Must be fully incapable of
Specific Intent = forming MR (R v Sheehan
and Moore)
Can include prescription drugs that have
unforeseen effects (R v Hardie).
Dangerous = Voluntary Intoxication
(R v Hardie)
Non – Dangerous = May be Voluntary Intoxication
if D didn't know of impact of drugs (R v Bailey)
a defence by throwing doubt on R v Majewski – Voluntary intoxication only available for specific
the ability to form MR; intent crimes (crimes that have a AR and MR).
- Balanced against public policy.
Voluntary Intoxication Involuntary
Basic Intent = Must not be able to form MR completely (R v
Kingston)
Must be fully incapable of
Specific Intent = forming MR (R v Sheehan
and Moore)
Can include prescription drugs that have
unforeseen effects (R v Hardie).
Dangerous = Voluntary Intoxication
(R v Hardie)
Non – Dangerous = May be Voluntary Intoxication
if D didn't know of impact of drugs (R v Bailey)
