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Smith, Hogan, & Ormerod's Text, Cases, & Materials on Criminal Law

Smith, Hogan, & Ormerod's Text, Cases, & Materials on Criminal Law (13th edn)

David Ormerod and Karl Laird
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date: 30 May 2024

p. 73424. Intoxicationlocked

p. 73424. Intoxicationlocked

  • David OrmerodDavid OrmerodProfessor of Criminal Justice, University College London and Deputy High Court Judge
  •  and Karl LairdKarl LairdLecturer in Law at Exeter College, University of Oxford and a Senior Retained Lecturer at Pembroke College

Abstract

This chapter discusses the law on offences involving intoxication. It distinguishes between voluntary and involuntary intoxication, and between ‘specific’ and ‘basic’ intent. Cases are presented to show that state of mind is both a necessary element in the definition of an offence as well as in some defences. Just as intoxication may cause a person to lack the mens rea of an offence so it may cause him to have the necessary mental element of a defence.

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