Intoxication

INTOXICATION

Intoxication is not a complete defence except in very limited circumstances. It is a defence that can be used to argue the absence of an intention by virtue of intoxication by drugs or alcohol and can therefore be successful in defending against criminal offences which require intent.

Intoxication can not be used as a defence for criminal offences which do not require a requisite mental state (mens rea) and only require proof of a voluntary act (actus reus).

Section 428C of the Crimes Act 1900 (NSW), in establishing the legal defence of intoxication in legislation, states that evidence of intoxication cannot be taken into account if the person had resolved before becoming intoxicated to do the relevant conduct, or became intoxicated in order to strengthen his or her resolve to do the relevant conduct.

In matters where evidence of intoxication has resulted in the accused being acquitted of murder, the defence of self-induced intoxication cannot be taken into account in determining whether the accused has the requisite mens rea for the criminal offence of manslaughter.