Intoxication
Intoxication Explanation
Involuntary Where the D is not aware that they are becoming intoxicated.
R v Kingston (1994): Was the D so intoxicated that they were unable to form the mens rea.
Voluntary Where the D becomes intoxicated by their own free will.
R v Sheehan and Moore (1975): States that intoxication is only a defence to specific intent crimes.
R v Lipman (1970) (Specific Intent): States that for specific intent crimes only, the D must be so intoxicated that
they are unable to form the mens rea.
DPP v Majewski (1976) (Basic Intent): States that being voluntarily intoxicated is a reckless course of conduct.
Additional Legal Issues:
> R v Hardie (1985): Taking a non-dangerous drug but in a reckless way will be voluntary intoxication.
> R v Allen (1988): It doesn’t matter whether D realises how intoxicated he’s becoming, this is still voluntary
intoxication.
> Attorney General For Northern Ireland v Gallagher (1963): Being intoxicated for Dutch courage is voluntary
intoxication.
Basic Intent Specific Intent
Assault, Battery, S47, S20, Unlawful Act Manslaughter S18, Murder, Theft, Robbery
Intoxication Explanation
Involuntary Where the D is not aware that they are becoming intoxicated.
R v Kingston (1994): Was the D so intoxicated that they were unable to form the mens rea.
Voluntary Where the D becomes intoxicated by their own free will.
R v Sheehan and Moore (1975): States that intoxication is only a defence to specific intent crimes.
R v Lipman (1970) (Specific Intent): States that for specific intent crimes only, the D must be so intoxicated that
they are unable to form the mens rea.
DPP v Majewski (1976) (Basic Intent): States that being voluntarily intoxicated is a reckless course of conduct.
Additional Legal Issues:
> R v Hardie (1985): Taking a non-dangerous drug but in a reckless way will be voluntary intoxication.
> R v Allen (1988): It doesn’t matter whether D realises how intoxicated he’s becoming, this is still voluntary
intoxication.
> Attorney General For Northern Ireland v Gallagher (1963): Being intoxicated for Dutch courage is voluntary
intoxication.
Basic Intent Specific Intent
Assault, Battery, S47, S20, Unlawful Act Manslaughter S18, Murder, Theft, Robbery
