Author : Michael Dillon Publisher: Round Hall Publication Date: 24/02/2015 ISBN: 9781858006987 Series: A Criminal Defence
The Law of Intoxication: A Criminal Defence is a definitive treatise on intoxication as a criminal defence. This book exhaustively considers how a state of intoxication can provide a full defence to criminal offences. This book considers the law and the theory of a full defence of intoxication. Each chapter reveals significant case law, which has often been neglected, ignored or unnoticed. It takes a comparative approach by citing extensively from jurisdictions across the common law world including England and Wales, Scotland, Canada, USA, South Africa and New Zealand. It also considers the partial defence of voluntary intoxication. The author provides a theoretical analysis of the basis for the full defence and evaluates significant developments in this area.
* The very first stand alone publication that deals with how to use evidence of intoxication as a full defence. * Expands beyond road traffic offences to consider the effects of intoxication on all criminal offences including violent offences such as assault, murder, manslaughter. * Provides practitioners with a basis for considering a full defence of intoxication.
From the foreword 'For the first time ever the topic has received the treatment which it deserves. Many, whether judge, lawyer, student or those working in related services, will be astonished as to how much there is to be said about the subject matter. It is with obvious certainty that one can say that the use of varying aspects of the underlying jurisprudence is likely to dramatically increase in the coming years and that judges will be heavily engaged with much debate on its finer points: whether by way of a direct defence, full or partial, or of indirect defence, as intoxication feeds into other legal disabilities such as automatism or insanity.' The Hon. Mr. Justice Liam McKechnie of The Supreme Court.
Key features * Deals with prosecuting and defending intoxicated defendants and explores what defences are open to these defendants. * Analyses important Court of Criminal Appeal decisions which consider intoxication as a defence including The People (DPP) v Murphy [Unreported, Court of Criminal Appeal, 8 July 2003] and The People (DPP) v Reilly  3 IR 111. * Comprehensive cross-jurisdictional consideration of case law. * Considers interaction of intoxication as a defence with other mental condition defences including automatism and insanity.
* Intoxication by a Third Party * Intoxication by Spiking another Substance * Intoxication by Duress * Intoxication by Chemical Fumes * Intoxication by Accident or Mistake * Intoxication by Prescribed Medication * Intoxication by Unprescribed Medication * Intoxication by Physiological Condition * Intoxication by Psychological Condition * Intoxication by Addiction * The Level of Intoxication Required for a Defence * Strict Liability and Intoxication * Theoretical Basis for the Defence * Partial Defence of Voluntary Intoxication