Intoxication
As members of society we would like to believe that just because one is intoxicated while they committed a criminal offence, that this would not mitigate their guilt. In the case of Reniger v Fogossa in 1552 it was stated that, ‘if a person who is drunk kills another this shall be a felony… and yet he did it through ignorance, for when he was drunk he had no understanding nor memory; but in as much as that ignorance was occasioned by his own act and folly, it shall not be privileged thereby.’ In the modern age, the increasing amount of crimes being committed while one is intoxicated has resulted in the law tightening the scope on the issue. It has created rules to attempt to strike a balance between imposing criminal liability on the accused that had no mens rea, while trying to protect the public from those who deliberately took something to put them in a condition where they could not control their actions. Public policy is a strong factor in determining whether the defendant’s intoxication can be used to negate the mens rea of a crime.
When the accused uses alcohol or drugs to make carrying out the crime easier for them, there is no defence of intoxication available. In Attorney General for Northern Ireland v Gallagher, Gallagher was charged with murdering his wife. He made the decision to kill his wife while he was sane and sober and subsequently drank a bottle of whiskey to get so called ‘dutch courage’. At the time of the killing however he lacked the mens rea to commit the crime as he was drunk. This meant that the actus reus and the mens rea did not coincide at the time of the killing. Despite this, the House of Lords found the accused to be guilty. Lord Denning stated that, “he cannot rely on this self-induced drunkenness as a defence to a charge of murder… the wickedness of his mind before he got drunk is enough to condemn him, coupled with the act which he intended to do and did do.”
The basic rule for what amounts to a state of intoxication was
When the accused uses alcohol or drugs to make carrying out the crime easier for them, there is no defence of intoxication available. In Attorney General for Northern Ireland v Gallagher, Gallagher was charged with murdering his wife. He made the decision to kill his wife while he was sane and sober and subsequently drank a bottle of whiskey to get so called ‘dutch courage’. At the time of the killing however he lacked the mens rea to commit the crime as he was drunk. This meant that the actus reus and the mens rea did not coincide at the time of the killing. Despite this, the House of Lords found the accused to be guilty. Lord Denning stated that, “he cannot rely on this self-induced drunkenness as a defence to a charge of murder… the wickedness of his mind before he got drunk is enough to condemn him, coupled with the act which he intended to do and did do.”
The basic rule for what amounts to a state of intoxication was
Bibliography: Articles * Law Reform Commission Consultation Paper on Intoxication (1995) * Gough, S., ‘Surviving without Majewski?’ [2000] Crim LR 719-733 * Spencer, K., ‘The Intoxicated Defence in Ireland’ (2005) 15(2) ICLJ 2 * Dillon, M., ‘Intoxicated Automatism is No Defence’ (2004) 14 ICLJ 7-15 * AP Simester, ‘Intoxication is never a defence’ [2009] CLR Books * McIntyre, McMullan an O’Toghda, ‘Criminal Law’ (Thomson Reuters 2012) * Hanly, ‘An Introduction to Irish Criminal Law’ (Gill & Macmillian, 2006) Case Law