Although courts are reluctant to let defendants benefit from a state of intoxication when it is used as evidence for their defence, in limited cases they have nevertheless recognized the defence of extreme intoxication. Extreme intoxication can be defined as a self-induced intoxication that has reached the point that its effect leads individuals to commit actions over which they no longer have any control: it is then claimed that they acted in an automatic state. A criminal lawyer who wishes to successfully present this defence has to comply with two prior conditions: use the services of an expert, and prove conclusively the state of the client’s extreme intoxication. A defence of extreme intoxication is valid for most offences, including driving under the influence , mischief, theft etc. However there is one exception: it does not apply to offences involving interference with or a threat to interfere with the bodily integrity of another person (Section 33.1 Criminal Code). Nevertheless it remains possible to challenge the constitutional validity of this section.
This defence is rarely applied, and must be discussed with a criminal lawyer who can assess its application in the case concerned.
