Is Intoxication a Full or Partial Defence

The great thing about the legal defense of involuntary intoxication is that it is a complete defense to a crime. This means that you cannot be found guilty of ANY crime that you committed while involuntarily intoxicated.

Is intoxication a full defence?

Intoxication is not a defence to a crime as such, but where a person is intoxicated through drink or drugs and commits a crime, the level of intoxication may be such as to prevent the defendant forming the necessary mens rea of the crime.

Is voluntary intoxication a partial defence?

Intoxication, whether voluntary or involuntary, is not a defence per se. However, where a person is intoxicated through drink or drugs and commits a crime, the level of intoxication may be such as to prevent that person from forming the necessary mens rea of the crime.

Elena Rostova

Elena Rostova

Lead Health, Wellness & Medical Journalist

Elena Rostova holds a Master's degree in Public Health Journalism. She covers groundbreaking medical research, holistic wellness trends, mental health awareness, and nutritional science.

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