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Durham Law School

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Publication details for Professor Thom Brooks

Brooks, Thom (2015). Involuntary Intoxication: A New Six-Step Procedure. The Journal of Criminal Law 79(2): 138-146.

Author(s) from Durham

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.