“To what extent is intoxication a defence to criminal charges?”
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"To what extent is intoxication a defence to criminal charges?" 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 proved...for, 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 any crimes where recklessness is...


