Involuntary intoxication Flashcards
- A potential defence that may be available for D is….
intoxication.
- The first issue to decide is whether….
D is legally intoxicated.
R v Kingston - the position where D is in a state of automatism and so can’t form the necessary MR for the offence.
The issue is therefore whether D is simply drunk or legally intoxicated.
R v Heard - drunken intent is still intent.
APPLY: look for evidence D is legally intoxicated.
- However assuming courts accepted D was legally intoxicated….
The next issue to determine is whether intoxication was caused voluntarily or involuntarily.
APPLY: look for evidence of involuntary intoxication.
- The law does not impose criminal liability on…
People who become involuntarily intoxicated.
This can be caused in several legally acceptable ways including prescription drugs, provided D hasn’t been reckless in taking them, R v Bailey.
Involuntary intoxication can also be a defence where sleeping tablets or non-dangerous drugs are taken without the Ds knowledge provided it results in D being unable to form the MR, R v Kingston.
A lack of knowledge regarding the strength of the substance is not involuntary, R v Allen.
Involuntary intoxication can also occur due to duress, R v Hasan.
- In conclusion….
D will/ will not be able to plead involuntary intoxication.
