Defences: Intoxication & Siam Notes

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10. Defences: Intoxication & Substantial Impairment by Abnormality of Mind Intoxication

Self-induced intoxication not relevant to voluntariness. Abolish the common law rule in O'Connor (1980)

In some circumstances, the fact that the defendant was intoxicated during the commission of an offence might play a role in determining guilty. These situations include: Voluntariness - intoxication only taken into consideration for determining voluntariness if not selfinduced: s 428G Crimes Act 1900 (NSW).

* 'Intoxication' means intoxication because of the influence of alcohol, a drug or any other substance: s 428A

* 'Self-induced' intoxication is any intoxication which is not: s 428A (a) involuntary; or (b) results from fraud, sudden or extraordinary emergency, accident, reasonable mistake, duress or force; or (c) done according to medical needs (prescribed by a registered practitioner etc). Specific intent offences - intoxication to be taken into consideration for determining specific intent regardless of self-induced or not: s 428C(1).

* Exceptions:

* accused resolved before becoming intoxicated to commit the conduct: 428C(2)(a); or

* accused became intoxicated in order to strengthen resolve to commit the conduct: 428C(2)(b)

* Specific intent is an intent to cause a particular consequence (ie, intent to kill/cause grievous bodily harm): s 428B(1)

* Murder based on intent to kill, or to cause GBH, or on reckless indifference to human life are all specific offences: Grant (2002)

* Non-exhaustive list of specific intent offences can be found in s 428B(2). Basic intent offences - intoxication only taken into consideration for determining basic intent if not selfinduced: s 428D.

* Basic intent is an intent to perform an act. Reasonable person test - reasonable person in the position of the defendant is not intoxicated: s 428F.

* Exception: if the relevant offence is manslaughter, non self-induced intoxication is taken into consideration in applying the reasonable person test: s 428E. Legislation in NSW

428A Definitions In this Part: "drug" includes a drug within the meaning of the Drug Misuse and Trafficking Act 1985 and a poison, restricted substance or drug of addiction within the meaning of the Poisons and Therapeutic Goods Act 1966 . "intoxication" means intoxication because of the influence of alcohol, a drug or any other substance. "offence" includes an attempt to commit the offence. "offence of specific intent" is defined in section 428B. "relevant conduct" means an act or omission necessary to constitute the actus reus of an offence. "self-induced intoxication" means any intoxication except intoxication that: (a) is involuntary, or (b) results from fraud, sudden or extraordinary emergency, accident, reasonable mistake, duress or force, or (c) results from the administration of a drug for which a prescription is required in accordance with the prescription of a medical practitioner, a registered nurse whose registration is endorsed under the Health Practitioner Regulation National Law as being qualified to practise as a nurse practitioner, a registered midwife whose registration is endorsed under the Health Practitioner Regulation National Law as being qualified to practise as a midwife practitioner, or dentist, or of a

1 10. Defences: Intoxication & Substantial Impairment by Abnormality of Mind drug for which no prescription is required administered for the purpose, and in accordance with the dosage level recommended, in the manufacturer's instructions.

428B Offences of specific intent to which Part applies (1) An "offence of specific intent" is an offence of which an intention to cause a specific result is an element. (2) Without limiting the generality of subsection (1), the offences referred to in the Table to this section are examples of offences of specific intent. Table (a) an offence under the following provisions of this Act: 19A

Murder 27

Acts done to the person with intent to murder 28

Acts done to property with intent to murder 29

Certain other attempts to murder 30

Attempts to murder by other means 33

Wounding or grievous bodily harm with intent 33A

Discharging firearm etc with intent 33B

Use of weapon to resist arrest etc 37

Attempts to choke etc (garrotting) 38

Using chloroform etc to commit an offence 41

Administering poison etc to injure or to cause distress or pain 41A

Poisoning etc of water supply 47

Using etc explosive substance or corrosive fluid etc 48

Placing gunpowder near a building etc 49

Setting trap etc 55

Possessing etc gunpowder etc with intent to injure the person 61K

Assault with intent to have sexual intercourse 82

Administering drugs etc to herself by woman with child 83

Administering drugs etc to woman with intent 86

Kidnapping 87

Child abduction 99

Demanding property with intent to steal 110

Breaking, entering and assaulting with intent to murder etc 111

Entering dwelling-house 113

Breaking etc into any house etc with intent to commit serious indictable offence 114 (a) (c) (d)

Being armed etc with intent to commit offence 158

Destruction, falsification of accounts etc by clerk or servant 172

Trustees fraudulently disposing of property 174

Directors etc omitting certain entries 175

Director etc wilfully destroying etc books of company etc 176

Director or officer publishing fraudulent statements 178BB

Obtaining money etc by false or misleading statements 179

False pretences etc 180

Causing payment etc by false pretences etc 181

False pretence of title 184

Fraudulent personation 185

Inducing persons by fraud to execute instruments 190

Receiving etc cattle unlawfully killed, or carcass etc 196

Destroying or damaging property with intent to injure a person 198

Destroying or damaging property with intention of endangering life 199

Threatening to destroy or damage property 200

Possession etc of explosive or other article with intent to destroy or damage property 202 (c)

Interfering or damaging etc bed or bank of river with intent of obstructing etc navigation 2

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