Intoxication
Intoxication means under the influence of alcohol, a drug or any other substance (s 428A of the Crimes Act 1900).
Intoxication means being under the influence of alcohol, a drug, or any other substance (s 428A of the Crimes Act 1900 (NSW)).
Intoxication (self-induced) is a partial defence for specific intent offences whereby the accused has an intention to cause a specific result (s 428B of the Crimes Act 1900 (NSW)). Some examples of this include:
· Murder,
· Wounding or grievous bodily harm with intent,
· Discharging firearm with intent,
· Breaking into any house with intent to commit a serious indictable offence, or
· Forgery—making false documents, using false documents, possession of false documents.
The defence of intoxication is not relevant to other offences.
To prove intoxication, the court will consider the following:
Factors to Consider When Proving Intoxication
1. If an accused was intoxicated at the time of the offence
This can include both self-induced intoxication or non-self-induced whereby an external force resulted in your intoxication – such as having your drink spiked.
2. Whether the accused’s intoxication affected their ability to form the requisite intent to commit the offence
If an accused had the intention or forethought to commit a crime before they were intoxicated and whilst under the influence did so anyway, intoxication is not a valid defence. Furthermore, if the accused utilised their intoxicated state to encourage planned conduct that amounted to committing a crime, the defence of intoxication would not stand.
3. Not Self-Induced Intoxication
In cases of not self-induced intoxication, this can be a full defence as per s 428G(2) of the Crimes Act 1900 (NSW)
Non-self-induced intoxication can include:
Being drugged or having your drink spiked
Intoxication resulting from fraud, sudden or extraordinary emergency, accident, reasonable mistake, duress, or force
Intoxication resulting from an adverse reaction to taking the prescribed dosage of medication
4. The Outcome
If intoxication is successfully proven, you may be found not guilty of the specific intent offence you faced. However, this can sometimes result in the reduction to another offence that does not require specific intention to be formed.