ABSTRACT
The rules governing the defence of intoxication are to be found at common law. Where a defendant, through his own volition, becomes intoxicated he may nevertheless have a partial or complete defence to the offence with which he is charged, depending on whether the offence is classified as being one of specific or basic intent. In general terms, where the offence is classified as requiring specific intent the defendant who successfully pleads the defence of intoxication will be acquitted of that specific intent crime, but convicted instead of the lesser included basic intent crime. Hence in a case where the defendant is charged with murder, he might be acquitted on the basis of his voluntary intoxication, but convicted instead of manslaughter. Similarly with an offence such as causing grievous bodily harm with intent contrary to s 18 of the Offences Against the Person Act 1861. The defendant might be acquitted under s 18 because of his intoxication but convicted of the lesser included basic intent crime of malicious wounding contrary to s 20 of the 1861 Act. An intoxicant for these purposes is not limited to class A or class B drugs or alcohol, but can, in theory, extend to any substance which has the effect of altering the defendant’s consciousness; see further R v Hardie [1985] 1 WLR 64, extracted below.
