Where D is intoxicated and therefore cannot form the neseccary MR for the offence.
SPECIFIC INTENT OFFENCE = DEFENCE AVAILABLE
BASIC INTENT OFFENCE = DEFENCE NOT AVAILABLE = BEING DRUNK IS RECKLESS - MAJEWSKI
Involuntary intoxication eg being spiked or drugged without consent.
- if still formed MR, they are liable
R V Kingston
R V Hardie - if drug has different than expected effect, they are not liable.
SPECIFIC INTENT AND INVOL INTOXICATION
DPP V Beard - available for murder