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 8.4   Intoxication (relevance to defences)  

(1)  
If any part of a defence is based on actual knowledge or belief, evidence of intoxication may be considered in determining whether that knowledge or belief existed.

(2)  
If any part of a defence is based on reasonable belief, in determining whether that reasonable belief existed, regard must be had to the standard of a reasonable person who is not intoxicated.

(3)  
If a person ' s intoxication is not self-induced, in determining whether any part of a defence based on reasonable belief exists, regard must be had to the standard of a reasonable person intoxicated to the same extent as the person concerned.

(4)  
If, in relation to an offence:


(a) each physical element has a fault element of basic intent; and


(b) any part of a defence is based on actual knowledge or belief;

evidence of self-induced intoxication cannot be considered in determining whether that knowledge or belief existed.

(5)  
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.




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