#6198 - Defences Intoxication & Siam - Criminal Law

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