Criminal Law Intoxicationnnn
To what extent is the criminal law in England and Wales clear as to when intoxication can be a defence? Should it be clearer?
Introduction
For hundreds of years, it has been assumed that individuals behave more aggressively while under the influence of alcohol. Alcohol related crimes cost the UK taxpayer £1.8 billion on average per year . However, society has taken an ambivalent attitude towards intoxication. Alcohol consumption is generally depicted as a puritanical moral barrier used to escape pain and the harsh realities of life. Intoxication can conversely be portrayed as a sign of weakness, impeding human reasoning leading individuals to behave in an unacceptable manner. Does this lack of consistency in society’s opinion reflect the clarity of the law as regards to when intoxication can be a defence? Drunkenness was a crime punishable by imprisonment in the form of stocks or a fine from 1607 to 1828. The law in this area concentrates on whether the accused who committed the prohibited act, has the necessary mens rea due to voluntary or involuntary intoxication. There are two extreme approaches that the law could follow on intoxication; the strict subjective theory emphasizes the defendant lacked the required mens rea and supports the idea of absolute acquittal from liability. The absolutist policy theory highlights the importance of public protection and endorses punishment. This arena consisting of the two aforementioned principles have created a tangled web that leaves numerous questions unanswered. The law has tried to achieve an intermediate compromise, rejecting both theorems in favor of adopting different strategies for each criminal offence. An initial distinction has to be drawn between being drunk and being intoxicated. It was expressed in R v Sheehan and Moore that ‘a drunken intent is nevertheless an intent.’ A drunken individual would not be able to use the defence of intoxication, as he is still capable of
Introduction
For hundreds of years, it has been assumed that individuals behave more aggressively while under the influence of alcohol. Alcohol related crimes cost the UK taxpayer £1.8 billion on average per year . However, society has taken an ambivalent attitude towards intoxication. Alcohol consumption is generally depicted as a puritanical moral barrier used to escape pain and the harsh realities of life. Intoxication can conversely be portrayed as a sign of weakness, impeding human reasoning leading individuals to behave in an unacceptable manner. Does this lack of consistency in society’s opinion reflect the clarity of the law as regards to when intoxication can be a defence? Drunkenness was a crime punishable by imprisonment in the form of stocks or a fine from 1607 to 1828. The law in this area concentrates on whether the accused who committed the prohibited act, has the necessary mens rea due to voluntary or involuntary intoxication. There are two extreme approaches that the law could follow on intoxication; the strict subjective theory emphasizes the defendant lacked the required mens rea and supports the idea of absolute acquittal from liability. The absolutist policy theory highlights the importance of public protection and endorses punishment. This arena consisting of the two aforementioned principles have created a tangled web that leaves numerous questions unanswered. The law has tried to achieve an intermediate compromise, rejecting both theorems in favor of adopting different strategies for each criminal offence. An initial distinction has to be drawn between being drunk and being intoxicated. It was expressed in R v Sheehan and Moore that ‘a drunken intent is nevertheless an intent.’ A drunken individual would not be able to use the defence of intoxication, as he is still capable of