Applied Law Unit 3 Applying the law- D2 Intoxication

Intoxication
● Intoxication affects your mental capacity to be able to do things (commit crimes)
It covers-
○ alcohol
○ drugs
○ other substances such as glue-sniffing

● Intoxication does not provide a defence as such- but D is required to have the mens rea for the
offence
● I.e. if you are too drunk/high you might not form the mens rea
● Mens rea of murder- Intention to kill or do GBH

, Voluntary and involuntary
Voluntary-
● When an individual choose to become intoxicated (they voluntarily become intoxicated)
● It can also occur where the defendant knows that the effect of a prescribed drug will be to make
them intoxicated
Involuntary-
● Involuntary intoxication is where someone doesn't choose to become intoxicated e.g. they are
spiked or have an adverse reaction to a prescription drug

specific and basic intent
● In court the prosecution must prove the defendant had the intention to commit the crime (the mens
rea)
● Specific intent- where intention is necessary to satisfy mens rea

Examples:
● Murder
● Theft
● Robbery
● Burglary