Thursday, May 21, 2015
Thom Brooks (Durham University) has posted Involuntary Intoxication: A New Six-Step Procedure (Journal of Criminal Law 79(2): 138-146) on SSRN. Here is the abstract:
Involuntary intoxication is often misunderstood. The predominant 'orthodox' view is that involuntary intoxication should lead to acquittal for offences requiring proof of fault. Strict liability offences are therefore unaffected. This article argues the law is more complex requiring a more careful approach. The article provides a new six-step procedure to determine whether involuntary intoxication is applicable and should lead to acquittal.