INVOLUNATRY INTOXICATION Flashcards
(3 cards)
1
Q
what is meant by involuntary intoxication
A
can occur where d doesn’t choose to take the intoxicating substances or where he has taken a prescribed drug not knowing it will intoxicate him Hardie
2
Q
what do the cases of Hardie and Kingston set out
A
it can be a defence to both specific and basic intent crimes, if the defendant is unable to form mens rea due to extreme intoxication —> Hardie
but isn’t a defence where the defendant was able to form the mens rea —> Kingston
3
Q
what does the case of Allen set out
A
not a defence if there’s any awareness at all to ds intoxication
