+1 862 207 3288 Intoxication covers the effects of alcohol and drugs on a person and is only a defence if it means that the defendant did not have the Mens Rea (state of mind) required for the crime. The courts have stated that the accused must be:
So drunk that he was incapable of forming the intent required he could not be convicted of a crime which was committed only if the intent was provedfor, speaking generally, a person cannot be convicted of crime unless the mens was rea. (In D.P.P. V Beard 1920).
If a defendant drinks so much that he does not know what he is doing, he has a defence to any crimes which involve specific intent such as murder or theft (where you must intend to kill or steal) However he has no defence to…(short extract)
