11, Jan 2021
prior-fault intoxication rules

The so-called prior-fault intoxication rules have developed in case law to construct criminal liability for defendants who, at the time of committing an offence, lacked the requisite mens rea. These rules also block defenses that would otherwise be available. A preliminary question is when, exactly, should we classify a defendant as ‘intoxicated’ such that the prior-fault intoxication rules apply?
Critically discuss whether the definition of intoxication adopted by the Court of Appeal in Taj [2018] EWCA Crim 1743 is too broad and risks over-criminalization.