Involuntary Intoxication: A New Six-Step Procedure
Brooks, Thom. 2015. "Involuntary Intoxication: A New Six-Step Procedure", Journal of Criminal Law 79(2): 138-146.
16 Pages Posted: 12 May 2015
Date Written: May 12, 2015
Involuntary intoxication is often misunderstood. The predominant 'orthodox' view is that involuntary intoxication should lead to acquittal for offences requiring proof of fault. Strict liability offences are therefore unaffected. This article argues the law is more complex requiring a more careful approach. The article provides a new six-step procedure to determine whether involuntary intoxication is applicable and should lead to acquittal.
Keywords: Automatism, duress, intoxication, involuntary intoxication, voluntary intoxication, mens rea, Law Commission, basic intent, specific intent
JEL Classification: K00, K14, K42
Suggested Citation: Suggested Citation