Introduction to intoxication - 

  • Intoxication does not provide a defence as such, but is relevant as to whether or not the defendant has the required mens rea for the offence. 
  • If they do not have the required mens rea because of his intoxicated state, he may not be guilty. 
  • Intoxication can be by drink, drugs or other substances.  It can be voluntary or involuntary. 

Voluntary Intoxication

  • This is where the defendant takes the drink or drugs voluntarily of his own free will.
  • Where intoxication is voluntary it is necessary to establish whether the crime is one of basic intent (where recklessness is sufficient for the mens rea) or specific intent (where specific intent is required for the mens rea).
  • This is because intoxication can only be…


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