Search Criminal Law Intoxicationnnn Introduction For hundreds of years, it has been assumed that individuals behave more aggressively while under the influence of alcohol. Alcohol related crimes cost the UK taxpayer? However, society has taken an ambivalent attitude towards intoxication. Alcohol consumption is generally depicted as a puritanical moral barrier used to escape pain and the harsh realities of life.
Do you think that the criminal law has reached a fair compromise between principle and policy when dealing with offenders who are intoxicated at the time of the crime? There is little doubt that a lot of crimes are committed while people are under the influence of some intoxicant.
Intoxication can be as a result of Alcohol or Drug usage; but as Alcohol is more commonly available, most of the legal cases relates to Alcohol intoxication. In some cases, intoxication itself is the basis of an offence; like being drunk in a public place or driving while intoxicated. But this area of criminal law has been muddled for a long time; in fact some still believe it still is.
With court verdicts that seems to contradict each other from time to time and introduction of Policy consideration over legal Principles by some judges in landmark cases; it is fair to say this is not yet a fully settled area of law. His course of conduct in reducing himself by drugs and drink to that condition in my view supplies the evidence of mens rea; of guilty mind certainly sufficient for crimes of basic intent.
Also if as the Lordship stated that simply being intoxicated amounts to recklessness; this would have occurred prior to the actus reus of the offence. It is also worthy of note here that intoxication is not a defence in Strict Liability offences such as Drink Driving offences.
If a defendant has the mens rea for a criminal act, then intoxication cannot be accepted as an excuse for his actions.
Exception will be those rear cases where a defendant is so intoxicated that he could not form the mens rea needed for the crime; R v Kingston  HL. But then that will be only if it is that of specific intent.
This led many to believe that intoxication is not so much of a defence but absence of mens rea. As intoxication is usually introduced as a defence; the legal system needed to establish a way to ensure all defendants do not simply claim intoxication to get free from criminal liability.
So the first major development was the distinction between Voluntary Intoxication and Involuntary Intoxication. In voluntary intoxication; a person is considered to be responsible for his own impaired state.
While involuntary intoxication means a person became intoxicated due to no fault of their own or prior knowledge of the intoxicant. The common law and statutes both treat Voluntary and Involuntary intoxication differently.
The Noble Lord stated that: Defining specific and basic intent crimes have not been easy; since every definition does not fully capture the concept without exceptions.
But a criminal act that requires a defendant to intend some unlawful outcome or result that is specifically identified in the offence; is a crime of Specific Intent. Wounding or grievous bodily harm with intent to cause grievous bodily harm. All other criminal damage and assault offences are Basic intent crimes.
It will be wrong to assume that every offence can simply be categorized as specific and basic intent. There are always diverse elements that need proof of different state of mind.
I will also like to relate intoxication with another legal concept of Automatism. A self-induced incapacitation will not afford a defense of automatism. In R v Bailey  CA; A defense based on automatism caused by hypoglycaemia failed similar argument could have been canvassed for the effects of alcohol.
In this case, the court held that: The question in each case will be whether the prosecution has provided the necessary element of recklessness.
In cases of assault, if the accused knows that his actions or inaction are likely to make him aggressive, unpredictable or uncontrolled with the result that he may cause some injury to others and he persists in the action or takes no remedial action when he knows it is required, it will be open to the jury to find that he was reckless.
An obvious example of this is where a person has had their food or drink spiked without their knowledge. Nonetheless, it may also cover situations, where a specific drug has an unexpected result to that anticipated; as in R v Hardie  1 WLR Criminal law is the body of law that relates to crime.
It might be defined as the body of rules that defines conduct that is prohibited by the state because it is held to threaten, harm or otherwise endanger the safety and welfare of the public, and that sets out the punishment to be .
Sep 06, · Criminal Law Intoxicationnnn Essay In criminal law men’s rea is the basic principle that a crime consists of a mental element as well as a physical element. A person's awareness of the fact that his or her conduct is criminal is the mental element, and actus reus, the act itself is the physical element.
The concept of mens rea started its. Criminal Law Paper Your Name CJA/ March 26, Beverly Spencer An interesting case that was currently brought before the Supreme Court was Missouri vs.
Frye. Intoxication in English law is a circumstance which may alter the capacity of a defendant to form mens rea, where a charge is one of specific intent, or may entirely negate mens rea where the intoxication is involuntary. R.C.
(C), as effective states: "Voluntary intoxication may not be taken into consideration in determining the existence of a mental state that is an element of a criminal lausannecongress2018.comary intoxication does not relieve a person of a duty to act is failure to act constitutes a criminal offense.
Evidence that a person was voluntarily intoxicated may be admissible to show.
To what extent is the criminal law in England and Wales clear as to when intoxication can be a defence? Should it be clearer? Introduction For hundreds of years, it has been assumed that individuals behave more aggressively while under the influence of alcohol.