Intoxication is never a defence

Abstract

This article considers the intoxication doctrine, including whether it is evidential or substantive in nature, and what work is done by the basic-versusspecific intent distinction. Most importantly, the article analyses the structure of the doctrine itself. Sometimes thought of as a defence, the article argues that it is an entirely different kind of doctrine, one that imposes constructive liability upon offenders. Once this is seen, we can better assess its rightful place in the law. © 2009 THOMSON REUTERS (LEGAL) LIMITED.