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ARTICLE · 15 AUGUST 2022

Defence of Intoxication

If you were intoxicated when you committed an offence, it may be relevant to your case.

AustraliaCriminal Law

If you are intoxicated at the time when it is alleged you committed an offence, depending on the circumstances, this could be relevant to whether you are found guilty or not guilty. If it is not self-induced then it may mean that an element of the crime is judged by a different standard.

Intoxication is not a complete defence; it is not a defence in itself. However, it is relevant to whether the fact-finder could be satisfied that the accused's actions were voluntary or that they had the relevant intention to commit the offence. It might be something relied upon by the defence in order to cast doubt upon the prosecution evidence of intention or voluntariness.

Statutory Law of Intoxication

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