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Involuntary Intoxication: A New Six-Step Procedure

Brooks, Thom

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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 that 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.

Citation

Brooks, T. (2015). Involuntary Intoxication: A New Six-Step Procedure. Journal of Criminal Law, 79(2), 138-146. https://doi.org/10.1177/0022018315579133

Journal Article Type Article
Acceptance Date May 4, 2015
Publication Date Apr 1, 2015
Deposit Date May 11, 2015
Publicly Available Date May 21, 2015
Journal Journal of Criminal Law
Print ISSN 0022-0183
Electronic ISSN 1740-5580
Publisher SAGE Publications
Peer Reviewed Peer Reviewed
Volume 79
Issue 2
Pages 138-146
DOI https://doi.org/10.1177/0022018315579133
Keywords Automatism, Duress, Intoxication, Involuntary intoxication, Voluntary intoxication.

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Copyright Statement
This article is published under a Creative Commons CC-BY-NC licence.






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