单词 | intoxication |
释义 | intoxication Voluntary intoxication is normally not a defence even if it prevents the defendant from having the necessary mens rea (R v Lipman [1970] 1 QB 152; R v Dowds [2012] EWCA Crim 281 (CA), [2012] 1 Cr App R 455). However, such intoxication is a relevant factor and will be a defence if: (1) it brings about a disease of the mind (e.g. delirium tremens) so that the defendant falls within the M’Naghten Rules (see insanity); or (2) the crime charged is one of specific intent and intoxication prevents the defendant from having the necessary specific intent. There is no defence of voluntary intoxication to a crime of basic intent where recklessness can satisfy the mens rea. Involuntary intoxication may be a defence because a person so intoxicated cannot be said to be responsible for his condition and an intent induced in this way does not constitute having the necessary mens rea for a crime. However, in R v Kingston [1995] 2 AC 355 (HL) the House of Lords held that involuntary intoxication is not a defence to a criminal charge where there is evidence of mens rea. Intoxication is not a defence if a person deliberately drinks or takes drugs in order to give himself “Dutch courage” to commit a crime (Attorney-General for Northern Ireland v Gallagher [1963] AC 349). |
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