When can intoxication be an excuse to avoid criminal liability?

Intoxication has and will never be a defence to criminal liability. However, it can be used to deny liability in special circumstances due to a lack of mens rea. In order to enact the 'intoxication' rules the defendant must be firstly voulntarily intoxicated, because no defendant is liable if intoxication is involuntary and they acted without mens rea. Next, the offence must be one of 'specific' intent, such as murder, burglary or theft. Finally the defendant must lack mens rea because of the itnoxication i.e the defendant must prove he would not have acted the same way if he was sober. It should be noted that while intoxication can be used to avoid crimes for specific intent offences , often crimes are 'laddered' and the defendant will remain liable for the lesser basic intent offence. For example , a defendant may not be liable for specific intent murder due to intoxication, however may be liable for basic intent manslaughter.

Answered by Oliver G. Law tutor

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