Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 2 - GENERAL PRINCIPLES OF CRIMINAL RESPONSIBILITY  

Part 2.3 - Circumstances in which there is no criminal responsibility  

Note:

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.

Note:

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.




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