Intoxication is Never a Defence

Criminal Law Review, pp. 3-14, 2009

Posted: 17 Jan 2013

See all articles by A.P. Simester

A.P. Simester

National University of Singapore (NUS) - Faculty of Law

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

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

A.P. Simester (Contact Author)

National University of Singapore (NUS) - Faculty of Law ( email )

469G Bukit Timah Road
Eu Tong Sen Building
Singapore, 259776
Singapore

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