Voluntary intoxication

Question 1

in relation to what type of offences can this be relied upon?

Answer 1

can be relied on for specific intent crimes only, never basic intent crime.

sexual offences are categorised as basic intent for policy reasons

Question 2

in what circumstances can this be relied upon?

Answer 2

available where D is so intoxicated they do not have the necessary MR (i.e. intent) to commit the crime.

Question 3

even if D can rely on this defence, what is the likely outcome?

Answer 3

even if D is found NG of a specific intent crime, they will usually be found G of a basic intent crime (i.e. murder to unlawful act manslaughter

Question 4

what does P need to prove to beat the defence?

Answer 4

if P can prove BARD D had the MR for the crime (intent) there will be no defence.

Question 5

can this defence be relied upon in dutch courage cases?

Answer 5

no

Question 6

can this defence be relied upon in mistaken belief cases?

Answer 6

no

Question 7

can this defence be relied upon in simple criminal damage/arson cases where D had a lawful excuse?

Answer 7

defence available D genuinely believed the owner would have consented

the ‘lawful excuse’ defence is subjective so it is irrelevant if D formed the opinion whilst intoxicated