Citation

Goldfeder S, Scott R, Briggs J. J. Law Med. 2023; 30(1): 99-130.

Copyright

(Copyright © 2023, Thompson - LBC Information Services)

DOI

unavailable

PMID

37271954

Abstract

Whether a person was voluntarily or intentionally intoxicated at the time of commission of a violent offence is a common question in forensic contexts. While a person who was intoxicated may not be able to form the requisite specific intent to commit some offences, voluntary intoxication usually disentitles a person from an insanity or "mental impairment" defence. However, a person may also consume alcohol or use a substance without becoming intoxicated and the presence of alcohol, substances or metabolites of substances in a person's urine or blood is not conclusive when the question of intoxication is relevant. A jury (or a judge sitting without a jury) may require expert opinion evidence when cannabis or methamphetamine intoxication are implicated in the alleged offending.

Language: en

Keywords

Humans; Ethanol; Expert Testimony; alcohol; cannabis; intoxication; *Cannabis/adverse effects; *Mental Disorders; *Methamphetamine/adverse effects; insanity defence; methamphetamines