Intoxication is Never a Defence
Criminal Law Review, pp. 3-14, 2009
Posted: 17 Jan 2013
Date Written: January 1, 2009
Abstract
This article considers the intoxication doctrine, including whether it is evidential or substantive in nature, and what work is done by the basic-versus specific intent distinction. Most importantly, the article analyses the structure of the doctrine itself. Sometimes thought of as a defence, the article argues that it is an entirely different kind of doctrine, one that imposes constructive liability upon offenders. Once this is seen, we can better assess its rightful place in the law.
Keywords: basic intent, criminal liability, specific intent, voluntary intoxication
Suggested Citation: Suggested Citation
Simester, A.P., Intoxication is Never a Defence (January 1, 2009). Criminal Law Review, pp. 3-14, 2009, Available at SSRN: https://ssrn.com/abstract=2201462
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