Intoxication in English law is a circumstance which may alter the capacity of a defendant to form
mens rea
In criminal law, (; Law Latin for "guilty mind") is the mental element of a person's intention to commit a crime; or knowledge that one's action (or lack of action) would cause a crime to be committed. It is considered a necessary element ...
, where a charge is one of specific intent, or may entirely negate mens rea where the intoxication is involuntary. The fact that a defendant is intoxicated in the commission of a crime — whether voluntarily or not — has never been regarded as a full defence to criminal proceedings (unlike statutory defences such as
self defence). Its development at
common law has been shaped by the acceptance that intoxicated individuals do not think or act as rationally as they would otherwise, but also by a
public policy necessity to punish individuals who commit crimes.
Voluntary intoxication
The
Earl of Birkenhead stated in 1920 that until the early 19th century voluntary drunkenness was never a defence, based on the principle that "a man who by his own voluntary act debauches and destroys his will power shall be no better situated in regard to criminal acts than a sober man".
This was considered the authority by
Lord Elwyn-Jones
Frederick Elwyn Jones, Baron Elwyn-Jones, CH, PC (24 October 1909 – 4 December 1989), known as Elwyn Jones, was a British barrister and Labour politician.
Background and education
Elwyn Jones was born in Llanelli, Carmarthenshire, and read ...
in the ''Majewski'' case.
Instead, intoxication may assist the defence arguing that the defendant lacked the appropriate ''mens rea'' (mental element) for the crime.
Specific and basic intent
In ''Majewski'', Lord Elwyn-Jones, giving judgement, indicated that a crime was one of specific intent if the ''mens rea'' went further than the ''actus reus''; in other words, that the crime was one of