Intoxication defined by WHO is a condition that follows the administration of a psychoactive substance and results in disturbance in the level of consciousness, judgement and behavior. The question requires us to discuss whether this statement “intoxication as a defence applies to all criminal offences and regardless whether it’s voluntary intoxication or otherwise” is accurate.
Discussion
Intoxication can be divided into voluntary intoxication and involuntary intoxication. In R v Sheehan and Moore that “a drunken intent is nevertheless an intent”.
Voluntary intoxication would be defined as intoxication resulting from a person intentionally taking a drink or drug knowing that sufficient quantity of it will bring intoxicating effect. In Allen,
…show more content…
If an accused is charged with summary offences which common law principles apply, there is no separate defence of involuntary intoxication. At common law, intoxication whether involuntary or voluntary is relevant to negate any mental element. The common law principles governing the relevance and admissibility of evidence of intoxication. are found in the leading High Court decision in R v O’Connor. The Commonwealth Criminal Code contains defence for involuntary intoxication for which there is not a corresponding common law defence.
There is a situation addressed by courts and held to be form of involuntary intoxication outside the scope of Majewski rule, is where D has intentionally but faultlessly brought about his intoxicated state.
Voluntary intoxication is nevertheless involuntary where it caused by non-dangerous drug, even if the drug is taken in excessive quantities and is not taken under and in accordance with medical