intoxication
n. The taking, either voluntarily or involuntarily, of alcohol, drugs, or other substances, such as to alter the mood, perception, or judgment of the accused. Intoxication can arise either (1) voluntarily, where a defendant knowingly takes alcohol or drugs; or (2) involuntarily, where he is unaware he is taking an intoxicant or is taking drugs on medical advice. Although intoxication itself is not an offence, performing certain acts while intoxicated can be so: these include drunken driving, being found drunk in a public place, being drunk and disorderly in a public place, and being drunk in a public place while possessing a loaded firearm. It is also an offence to supply or offer to supply to a person under 18 a substance (e.g. a glue or solvent) whose fumes are likely to be inhaled by that person for the purpose of causing 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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