Defences: Intoxication & Siam Notes
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Defences: Intoxication & Siam Revision
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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).
• 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
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
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
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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