Source: Common Law
Definition: When raising the defence of intoxication, D is saying that they could not form the required MR for the
offence. Since one of the basic elements (MR) is missing, they cannot be convicted
Can result in acquittal (rarely) or conviction of a lesser crime because D is incapable of forming the MR
Example line to include in an essay: This essay will seek to explain the current common law rules on intoxication and
to discuss those areas which are… and those which are not (and need urgent reform)
THERE ARE TWO TYPES OF INTOXICATION
VOLUNTARY INTOXICATION – occurs when a defendant consumes an intoxicant/intoxicating substance through
choice/voluntarily/of their own free will
INVOLUNTARY INTOXICATION – occurs when a defendant consumes an intoxicant involuntarily/not through
choice/unknowingly or if they take a prescription or soporific drug which has an unexpected effect on them
ELEMENT 1: The D has taken an intoxicant recognised by the court
1. Alcohol (Sheenan and Moore, Beard, Majewski, Allen, Eatch)
2. Illegal recreational drugs (Lipman)
3. Prescription or soporific (sleep inducing/calming/sedative) drugs which have an adverse/unexpected
outcome; where D has not taken them recklessly (Hardie/Bailey)
ELEMENT 2: The D must be extremely intoxicated – so intoxicated that they cannot form the MR of the offence
Intoxication (voluntary or involuntary) is only relevant if it is SO EXTREME that the defendant is incapable of forming
the MR for the offence
D must not be able to form any MR at all (Beard)
D cannot rely on their intoxication as a defence, if they are able to form any MR (Sheenan and Moore ->
judge said a drunken intention is still an intention)
Losing your inhibitions through intoxication is not enough, there must be a complete absence of MR
(Kingston -> business competitor laced his coffee with disinhibiting drug and invited him to abuse a teenager)
ELEMENT 3: Was D’s intoxication involuntary?
Involuntary intoxication is…
Usually a full defence to all types of criminal offences BUT only if there is a complete absence of MR (Kingston)
A defendant is involuntarily intoxicated if they were not intoxicated through choice
Courts have recognised that a defendant can be involuntarily intoxicated if…
1. They became intoxicated through spiking/lacing (alcohol/drugs)
2. They became intoxicated through taking prescriptions (correctly) but has an unexpected reaction to them
3. They became intoxicated by taking soporific drugs for the right reasons (to calm down/relax/sleep) but had
an unexpected reaction to them (Hardie -> D's girlfriend left him, and he took her Valium pills to calm down,
but had an unexpected reaction and set the wardrobe on fire. The judge ruled that he could have voluntarily
intoxicated as even though they weren't prescribed for him, he had not taken them recklessly)
ELEMENT 4: Was D’s intoxication voluntary?
The effect of D’s voluntary intoxication varies depending on the type of offence they have committed…
Voluntary intoxication includes:
1. Where D has chosen to consume alcohol/illegal drugs
Definition: When raising the defence of intoxication, D is saying that they could not form the required MR for the
offence. Since one of the basic elements (MR) is missing, they cannot be convicted
Can result in acquittal (rarely) or conviction of a lesser crime because D is incapable of forming the MR
Example line to include in an essay: This essay will seek to explain the current common law rules on intoxication and
to discuss those areas which are… and those which are not (and need urgent reform)
THERE ARE TWO TYPES OF INTOXICATION
VOLUNTARY INTOXICATION – occurs when a defendant consumes an intoxicant/intoxicating substance through
choice/voluntarily/of their own free will
INVOLUNTARY INTOXICATION – occurs when a defendant consumes an intoxicant involuntarily/not through
choice/unknowingly or if they take a prescription or soporific drug which has an unexpected effect on them
ELEMENT 1: The D has taken an intoxicant recognised by the court
1. Alcohol (Sheenan and Moore, Beard, Majewski, Allen, Eatch)
2. Illegal recreational drugs (Lipman)
3. Prescription or soporific (sleep inducing/calming/sedative) drugs which have an adverse/unexpected
outcome; where D has not taken them recklessly (Hardie/Bailey)
ELEMENT 2: The D must be extremely intoxicated – so intoxicated that they cannot form the MR of the offence
Intoxication (voluntary or involuntary) is only relevant if it is SO EXTREME that the defendant is incapable of forming
the MR for the offence
D must not be able to form any MR at all (Beard)
D cannot rely on their intoxication as a defence, if they are able to form any MR (Sheenan and Moore ->
judge said a drunken intention is still an intention)
Losing your inhibitions through intoxication is not enough, there must be a complete absence of MR
(Kingston -> business competitor laced his coffee with disinhibiting drug and invited him to abuse a teenager)
ELEMENT 3: Was D’s intoxication involuntary?
Involuntary intoxication is…
Usually a full defence to all types of criminal offences BUT only if there is a complete absence of MR (Kingston)
A defendant is involuntarily intoxicated if they were not intoxicated through choice
Courts have recognised that a defendant can be involuntarily intoxicated if…
1. They became intoxicated through spiking/lacing (alcohol/drugs)
2. They became intoxicated through taking prescriptions (correctly) but has an unexpected reaction to them
3. They became intoxicated by taking soporific drugs for the right reasons (to calm down/relax/sleep) but had
an unexpected reaction to them (Hardie -> D's girlfriend left him, and he took her Valium pills to calm down,
but had an unexpected reaction and set the wardrobe on fire. The judge ruled that he could have voluntarily
intoxicated as even though they weren't prescribed for him, he had not taken them recklessly)
ELEMENT 4: Was D’s intoxication voluntary?
The effect of D’s voluntary intoxication varies depending on the type of offence they have committed…
Voluntary intoxication includes:
1. Where D has chosen to consume alcohol/illegal drugs
