“Voluntary intoxication no defence to crimes of basic intent”
Majewski consumed large quantities of alcohol and drugs before becoming involved in a pub fight where he assaulted a police officer and others. He claimed his voluntary intoxication prevented him from forming the necessary intent for the offences charged.
Whether voluntary intoxication can negate the mens rea required for crimes of basic intent, and how to distinguish between crimes of basic and specific intent.
The House of Lords held that voluntary intoxication cannot be a defence to crimes of basic intent, but may negate the mens rea for crimes of specific intent.
This case established the fundamental distinction in English criminal law between basic and specific intent crimes for intoxication defences. It remains the leading authority on voluntary intoxication in criminal cases.
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OSCOLA Citation
R v Majewski [1977] AC 443 (HL)
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