PART II - GENERAL PRINCIPLES OF CRIMINAL LIABILITY

Intoxication
15. (1) For the purposes of this section, "intoxication" includes those states of mind produced by alcohol, drugs or any other intoxicating substance.

(2) Except as provided in this section, intoxication shall not constitute a defence to any criminal charge.

(3) Intoxication shall be a defence to any criminal charge if by reason of intoxication a person charged at the time of the act or omission did not know that such act or omission was wrong or did not know what he or she was doing, and -

(a) the state of intoxication was caused without his or her consent by the malicious or negligent act of another person; or
(b) the person charged was by reason of intoxication insane, temporarily or otherwise, at the time of such act or omission.

(2) Where the defence under subsection (3) is established, then in a case falling under paragraph (a), the accused person shall be discharged, and in a case falling under paragraph (b), the provisions of section 172 of the Criminal Procedure and Evidence Act 1981 shall apply.

(3) Intoxication shall be taken into account for the purpose of determining whether the person charged had formed that intention, specific or otherwise, necessary for conviction of the offence charged.

(4) A person commits an offence if he or she intentionally or negligently becomes intoxicated through the use of alcohol, drugs or other intoxicating substances and while in that intoxicated condition performs a punishable act.

(5) It shall be irrelevant for purposes of conviction under subsection (6) that the person charged was so intoxicated as to be incapable of forming the intention necessary for conviction of any crime.