This principle is subject to the caveat that a drunken intent is still an intent: R v Sheehan and Moore (1975) 60 Cr App R 308. However, where the defendant has voluntarily put himself in the position of being intoxicated to the extent that he is incapable of forming the mental element of the offence, this will amount to a defence in respect of a crime of specific intent. Voluntary intoxication is never a defence to a crime of basic intent. Knowingly taking a ‘non-dangerous drug’ may also count as voluntary intoxication, depending on the subjective appreciation of the likely effects of the drug in the quantity and circumstances in which it was consumed. Knowingly taking a ‘dangerous’ drug counts as voluntary intoxication. LSD, amphetamine, etc.) and ‘non-dangerous’ (e.g. In R v Bailey 2 All ER 503 and R v Hardie 3 All ER 848, the Court of Appeal formulated the principle that there are two categories of drug: ‘dangerous’ (e.g. Voluntary intoxication occurs as a result of the voluntary consumption of alcohol or drugs provided that, in the case of a drug, it is well known for being liable to cause unpredictability or aggressiveness. Ignorance of the strength or effect of a drink or other intoxicating drugs that a defendant has voluntarily consumed, does not make the subsequent intoxication involuntary: R v Allen Crim. Thus, where the drink or drug removed the inhibitions of the defendant so that he acted in a way which he would not have done if sober, he will still be guilty if he was able to, and did in fact, form the required mental element of the offence: R v Kingston 2 A.C. However, involuntary intoxication is not a defence when the defendant (despite or because of the intoxication) formed the necessary mens rea at the time of committing the offence. Involuntary intoxication most commonly arises in cases where the suspect/defendant claims that their food or drink has been ‘spiked’ without their knowledge. Intoxication: Involuntary versus Voluntary Involuntary Intoxication

However, where a person is intoxicated through drink or drugs and commits a crime, the level of intoxication may be such as to prevent that person from forming the necessary mens rea of the crime.

Intoxication, whether voluntary or involuntary, is not a defence per se. This Legal Guidance is intended to assist prosecutors when dealing with issues of intoxication relating to suspects/defendants. Intoxication: Specific and Basic Intent.Intoxication: Involuntary versus Voluntary.

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