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'The current law of intoxication is indefensible as theory and producesindefensible results - We should abolish it completely and rely on the jury to determine what the accused's mental state was at the time of the actus reus.'
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'The current law of intoxication is indefensible as theory and produces indefensible results. We should abolish it completely and rely on the jury to determine what the accused's mental state was at the time of the actus reus.' In this essay I am going to tackle the question of whether the current law of intoxication is indefensible as theory and produces indefensible results. Intoxication is defined as 'the impairment of awareness, understanding or control by an "intoxicant"'.1 An intoxicant covers alcohol, drugs or any other substance which can, when taken into your body, impair awareness, control or understanding. Intoxication does not provide a defence as such, but it is relevant to the question of whether the defendant had the required mens rea for the offence or not. This is because the defendant's state of intoxication may mean that he does not have the required mens rea...
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