What factors influence intoxication as a defence? 

There are two main factors that determine whether a defendant can use intoxication as a defence in court, or to overturn a wrongful conviction:

• Whether intoxication was voluntary or involuntary

• Whether the crime was committed with basic or specific intent

As Harewood Law, we are often asked if intoxication can be used as a defence, but the answer always lies in the nuance of the case, the nature of the crime, and the intent of the defendant.

Voluntary vs involuntary intoxication

Intoxication alone cannot be used as a defence, however, the reason for intoxication can influence whether it might be considered as an influential factor in the intent behind a crime. By law, there are only two circumstances by which you can become intoxicated:

• Voluntary

• Involuntary

To understand how these may influence your defence, you need to understand the difference:

What is voluntary intoxication? 

Voluntary intoxication occurs when the defendant knowingly and willingly consumes alcohol or drugs that are known to cause unpredictable or aggressive behaviour.

During two notable cases, the Court of Appeal established that there are two categories of drug:

• Dangerous: LSD, amphetamines, cocaine, heroin etc

• Non-dangerous: Valium etc

Voluntarily taking a ‘dangerous’ drug is classed as voluntary intoxication. Knowingly taking a ‘non-dangerous’ drug can also be classed as voluntary intoxication depending on the quantity consumed and the circumstances of consumption.

What is involuntary intoxication?

Involuntary intoxication occurs when the defendant committed a crime under the influence of drugs or alcohol and claims that they were unaware they had consumed the substance.

For example, if someone’s food or drink had been spiked, or it had been administered while unconscious.

However, involuntary intoxication cannot be used as a defence if the defendant had the appropriate state of mind to commit a crime with intent.

So, if an individual was involuntarily but knowingly under the influence of drugs and had the presence of mind to decide that it would be safer to get a taxi home, then the decision to drive home while under the influence would be considered an intentional criminal act.

Specific vs basic intent

Whether the crime was committed with basic or specific intent will likewise determine whether the argument stands in a court of law.

Basic intent: Crimes with basic intent are those committed with intention. These are usually serious crimes that would take substantial presence of mind to complete. For example, murder, armed robbery, GBH with intent or arson with the intent to cause harm.

Specific intent: Specific intent refers to crimes that could have been committed due to recklessness, or as an accident. For example, assault, manslaughter or arson caused by reckless behaviour. The act could be a drunken mistake, or mistaken self-defence.

Can intoxication be used to defend a crime of basic intent?

Intoxication can never be used as a defence against a crime of basic intent. Being intoxicated whilst committing a crime with intent to cause harm implies that you had the mens rea (presence of mind) to possess the intent to cause harm.

This applies to both voluntary and involuntary intoxication.

Can intoxication be used to defend a crime of specific intent? 

Crimes of specific intent can use intoxication as a defence as long as the defendant did not possess the mens rea to commit the crime with intent. This applies to both voluntary and involuntary intoxication.

However, if the defendant knowingly ingested substances in order to gain the courage to commit a crime, then the defence will be dismissed.

Can intoxication be used as a defence?

While intoxication can, in some cases, be used as a defence, its applicability is limited and nuanced. Voluntary intoxication might mitigate charges for specific intent crimes, but it rarely absolves individuals of liability entirely. Involuntary intoxication, on the other hand, offers a stronger defence but requires clear evidence that the intoxication was indeed involuntary.

Ultimately, each case is unique, and the specifics of how intoxication is treated as a defence depend heavily on the jurisdiction and the circumstances surrounding the incident.

If you’re in a difficult situation and require expert advice, you can count on Harewood Law. Our criminal defence solicitors have a proven track record of securing the best outcome for our clients. If you’re facing conviction for a crime where you were under the influence of alcohol or drugs, it is vital to act quickly in order to secure immediate access to exceptional legal advice. Harewood Law are based in Leeds, near Bradford, Halifax, Wakefield, Huddersfield, Keighley and we cover West Yorkshire and across the UK, so contact Harewood Law today.