Intoxication

Intoxication can be taken into account in considering whether “the person had the intention to cause the specific result necessary for an offence of specific intent.”

The basic principle in respect of intoxication in trials is as set out in s428C of the Crimes Act 1900.

Intoxication can be taken into account in considering whether “the person had the intention to cause the specific result necessary for an offence of specific intent.” Helpfully, s428B sets out a non-exhaustive list of offences that are examples of offences of specific intent.

Other than that, the only circumstances in which intoxication can be taken into account is where the intoxication in question is not self-induced (s428D of the Crimes Act 1900).

Bellchambers

DENNIS ARTHUR BELLCHAMBERS v REGINA [2008] NSWCCA 235

“As Gibbs J said, it is not enough to say that the Crown must prove intent, the jury should be told that the fact (if it be the case) that the accused was intoxicated may be regarded for the purpose of deciding whether the specific intent existed.”