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ARTICLE · 05 OCTOBER 2022

Is intoxication a defence to murder and manslaughter?

Intoxication can be taken into account in making determinations as to murder, even if self-induced.

AustraliaCriminal Law

KEY TAKEAWAYS

Intoxication can be taken into account in determining whether an accused person facing a murder charge had the specific intention necessary to cause about the specific outcome necessary for the crime, namely, to cause really serious injury or permanent, or serious disfigurement or intended to kill, or realised the possibility of causing death but did the act anyway. This applies regardless of whether or not the intoxication was self-induced.

Certain offences in New South Wales are 'specific intent' offences, which mean they are offences of which an intention to cause a specific result is an element of the crime required to be proven beyond reasonable doubt by the prosecution in order to prove the crime. Failure to prove this will result in an acquittal ('not guilty' verdict). A murder charge is a specific intent offence in New South Wales.

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