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Voluntary intoxication in English law
Voluntary intoxication, where a defendant has wilfully consumed drink or drugs before committing acts which constitute the prohibited conduct (''actus reus'') of an offence, has posed a considerable problem for the English criminal law. There is a correspondence between incidences of drink and crimes of violence, such as assaults and stabbings. Accordingly, there is a debate about the effect of voluntary intoxication on the mental element of crimes, which is often that the defendant foresaw the consequences, or that they intended them.
In dealing with this issue and balancing theoretical problems with public policy issues, the English law has categorised offences into two categories, those of basic intent and those of specific intent. In the latter, the defendant's intoxication will be directly relevant as to whether he or she formed the necessary intent. In the former, the picture is more complicated and unclear, although it is known that intoxication will not provide a defence where recklessness can be shown on the accepted facts. Crimes of specific intent include murder, and those of basic intent most crimes of recklessness, including manslaughter.
==Basis==
There is a widely held belief that alcohol consumption fuels violence.〔 The picture may be more complex involving other factors, including the effects of chronic alcohol abuse rather than its immediate effects.〔
Neither voluntary nor involuntary intoxication provide a defence in English law in themselves. No behavior is excusable merely because it was committed whilst intoxicated, and the phrase "a drunken intent is still an intent" – used in ''Sheehan''〔 –has not been abandoned.〔 Where an individual voluntarily intoxicates himself, it is not a defence for him to then claim he does not intend any actions he commits while intoxicated.〔Ormerod, p. 276〕 The Earl of Birkenhead stated in 1920 that until the early 19th century voluntary drunkenness was never a defence, based on the principle that "a man who by his own voluntary act debauches and destroys his will power shall be no better situated in regard to criminal acts than a sober man".〔 This was considered the authority by Lord Elwyn-Jones in the ''Majewski'' case.〔 Instead, intoxication may assist the defence arguing that the defendant lacked the appropriate ''mens rea'' (mental element) for the crime.〔 However, it has been recognised at common law that those who would not intend to commit a crime if sober cannot be held to the same level of culpability as those who would. Thus, the approach of the courts is generally to find intoxicated individuals guilty of crimes which require basic intent, rather than the specific intent required for other crimes.〔
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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