LAWS5004 Study Guide - Final Guide: Mens Rea, Crimes Act 1900, Avail
Document Summary
Intoxication (i) self-induced intoxication (a) common law background. Intoxication is a negativing factor (not a defence). Intoxication is not a defence to a criminal charge, but may negate certain elements of a crime if it causes a condition that is inconsistent with criminal responsibility. A plea of automatism going to the actus reus and arguing involuntariness. A defence of insanity where an intoxicant has triggered an underlying disease of the mind o. A denial that accused had the necessary mens rea. This does not mean that intoxication itself represents a defence, but that the state of intoxication may be incompatible with the actual offence charged and therefore negatives commission of the said offence. The recklessness in actually taking the intoxicants was deemed to be sufficient to satisfy the mens rea for assault. The drunkenness itself was an intrinsic and integral feature of the offence, the other element being the evidence of the unlawful use of force against the victim.
