Criminal Code Act 1995
Section 3CHAPTER 2 - GENERAL PRINCIPLES OF CRIMINAL RESPONSIBILITY Part 2.3 - Circumstances in which there is no criminal responsibility
This Part sets out defences that are generally available. Defences that apply to a more limited class of offences are dealt with elsewhere in this Code and in other laws.Division 8 - Intoxication SECTION 8.2 Intoxication (offences involving basic intent) (1)
Evidence of self-induced intoxication cannot be considered in determining whether a fault element of basic intent existed. (2)
A fault element of basic intent is a fault element of intention for a physical element that consists only of conduct.
A fault element of intention with respect to a circumstance or with respect to a result is not a fault element of basic intent.(3)
This section does not prevent evidence of self-induced intoxication being taken into consideration in determining whether conduct was accidental. (4)
This section does not prevent evidence of self-induced intoxication being taken into consideration in determining whether a person had a mistaken belief about facts if the person had considered whether or not the facts existed. (5)
A person may be regarded as having considered whether or not facts existed if:
(a) he or she had considered, on a previous occasion, whether those facts existed in circumstances surrounding that occasion; and
(b) he or she honestly and reasonably believed that the circumstances surrounding the present occasion were the same, or substantially the same, as those surrounding the previous occasion.