What is involuntary intoxication?

Involuntary intoxication arises where the defendant did not know of the intoxicating substance. A spiked drink and an unexpected reaction to prescribed medication are examples.

Is involuntary intoxication a defence to a basic intent offence?

Involuntary intoxication may be relied on for a basic intent offence. The defendant has not chosen to run any risk.

What must a defendant show to succeed on involuntary intoxication?

The defendant must show that the mens rea was absent altogether. R v Kingston [1994] confirmed that a defendant who formed the intent remains guilty.

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Criminal Law: Capacity Defences

Intoxication by drugs and involuntary intoxication

3 things to know
Components 2 and 3

Overview

How the law splits dangerous drugs from soporific and sedative ones, Lipman and Hardie either side of that line, and why involuntary intoxication still fails if the defendant formed the mens rea anyway.

What you need to know

Answer each one before you reveal it.

Your recallNot started

Key term

How does the law classify drugs for the purposes of intoxication?

Numbers

Which case shows a defendant convicted of manslaughter after taking a hallucinogenic drug?

Numbers

How are soporific or sedative drugs treated?

Questions from this subtopic

Each one with the model answer underneath.

1
How does the law classify drugs for the purposes of intoxication?
Model answer
The law distinguishes dangerous drugs from drugs not known to cause unpredictable behaviour. Taking a dangerous drug is treated as voluntary intoxication.
2
Which case shows a defendant convicted of manslaughter after taking a hallucinogenic drug?
Model answer
R v Lipman [1970] upheld a manslaughter conviction where the defendant killed a woman during an LSD hallucination. The intoxication defeated the specific intent for murder but not the basic intent for manslaughter.
3
How are soporific or sedative drugs treated?
Model answer
R v Hardie [1985] held that a drug with a merely sedative or soporific effect is not treated as dangerous. A defendant who takes such a drug is not automatically reckless.
4
What is involuntary intoxication?
Model answer
Involuntary intoxication arises where the defendant did not know of the intoxicating substance. A spiked drink and an unexpected reaction to prescribed medication are examples.
5
Is involuntary intoxication a defence to a basic intent offence?
Model answer
Involuntary intoxication may be relied on for a basic intent offence. The defendant has not chosen to run any risk.
6
What must a defendant show to succeed on involuntary intoxication?
Model answer
The defendant must show that the mens rea was absent altogether. R v Kingston [1994] confirmed that a defendant who formed the intent remains guilty.

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