CHAPTER XIV
GENERAL DEFENCES AND MITIGATING FACTORS
Division B: Defences and Mitigating Factors Relating to the Mental State
PART IV
INTOXICATION
219 Interpretation in Part IV of Chapter XIV
In this Part—
“intoxication” means intoxication resulting from the ingestion of any form of alcohol or drug; “involuntary intoxication” means intoxication that is not voluntarily self-induced;
“voluntary intoxication” means intoxication which is voluntarily self-induced.
220 When involuntary intoxication a complete defence to crimes
(1) The fact that a person charged with a crime was intoxicated when he or she did or omitted to do anything that is an essential element of the crime shall be a complete defence to the charge if—
(a) the person was involuntarily intoxicated when he or she did or omitted to do anything that is an essential element of the crime; and
(b) in relation to a crime of which intention, knowledge or the realisation of a real risk or possibility is an element, the person was intoxicated to such an extent that he or she lacked the requisite intention, knowledge or realisation.
(2) For the avoidance of doubt it is declared that involuntary intoxication shall be a complete defence to any crime of which negligence is an element.
221 Intoxication no defence to crimes committed with requisite state of mind
(1) If a person charged with a crime requiring proof of intention, knowledge or the realisation of a real risk or possibility—
(a) was voluntarily or involuntarily intoxicated when he or she did or omitted to do anything which is an essential element of the crime; but
(b) the effect of the intoxication was not such that he or she lacked the requisite intention, knowledge or realisation;
such intoxication shall not be a defence to the crime, but the court may regard it as mitigatory when assessing the sentence to be imposed.
(2) Where a person is charged with a crime requiring proof of negligence, the fact the person was voluntarily intoxicated when he or she did or omitted to do anything which is an essential element of the crime shall not be a defence to any such crime, nor shall the court regard it as mitigatory when assessing the sentence to be imposed.
222 Voluntary intoxication leading to unlawful conduct
If a person charged with a crime requiring proof of intention, knowledge or the realisation of a real risk or possibility (hereafter in this section called “the crime originally charged”) and it is proved that—
(a) the accused was voluntarily intoxicated when he or she did or omitted to do anything which is an essential element of the crime originally charged; and
(b) the effect of the intoxication was such that the accused lacked the requisite intention, knowledge or realisation;
he or she shall be guilty of voluntary intoxication leading to unlawful conduct instead of the crime originally charged and liable to the same punishment as if—
(i) he or she had been found guilty of the crime originally charged; and
(ii) intoxication had been assessed as a mitigatory circumstance in his or her case.
223 Intoxication facilitating the commission of crime
(1) Notwithstanding any other provision of this Part, if a person—
(a) having formed an intention to commit a crime, becomes voluntarily intoxicated for the purpose of enabling him or her to commit the crime or facilitating his or her commission of the crime; and
(b) while so intoxicated, does or omits to do anything which, if done or omitted, as the case may be, with the requisite intention, would be an essential element of a crime;
the person may be convicted of the crime concerned on the basis of his or her original intention, in all respects as if he or she had not been intoxicated when he or she did or omitted to do the thing concerned.
(2) Notwithstanding any other provision of this Code, if a person becomes voluntarily intoxicated realising that there is real risk or possibility that he or she will, in his or her intoxicated condition, engage in any conduct for which he or she may be held criminally liable, he or she may be convicted of the crime constituted by the conduct on the basis of his or her original realisation, in all respects as if he or she had not been intoxicated when he or she did or omitted to do the thing concerned.
224 Voluntary intoxication leading to provocation
If a person, while in a state of voluntary intoxication, is provoked into any conduct by something which would not have provoked that person had he or she not been intoxicated, the court shall, in accordance with Part IX, regard such provocation as mitigatory when assessing the sentence.
225 Intoxication leading to mental disorder
If a person, as a result of voluntary or involuntary intoxication, suffers from a permanent or long-lasting disorder or disability of mind, the disorder or disability shall be capable of constituting a defence of mental disorder in terms of Part V to a criminal charge arising out of any conduct on the person’s part whilst he or she is suffering from the disorder or disability:
Provided that a verdict that the person was mentally disordered shall not be returned if the person's mind was only temporarily disordered or disabled by the effects of alcohol or a drug.
Intoxication - national proceedings
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