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8.6.1 - Charge: Statutory Intoxication (23/11/05 - 31/10/14) (self-induced)

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When to use this charge

This charge should be given where:

If there is evidence that the accused’s intoxication was not self-induced, see Charge: Statutory Intoxication (23/11/05 – 31/10/14) (Self-induced contested).

The relevant aspects of this charge should be inserted into directions on the offence or defence in issue.

For other matters involving intoxication, see below:

[If any element of the defence relates to whether the accused had a reasonable belief, add the following shaded section to the directions on that element.]

In this case you have heard evidence that NOA was intoxicated at the time that s/he [insert relevant act]. If you find that s/he was intoxicated, you must not take this into account when assessing whether his/her belief about [insert relevant reasonable belief element] was reasonable. The law requires you to consider what the beliefs of a reasonable person who was sober might have been.

‘Reasonable grounds for a belief’ element

[If any element of the offence or defence relates to whether the accused had reasonable grounds for a belief, add the following shaded section to the directions on that element.]

In this case you have heard evidence that NOA was intoxicated at the time that s/he [insert relevant act]. If you find that s/he was intoxicated, you must not take this into account when assessing whether s/he had reasonable grounds for his/her belief about [insert relevant reasonable grounds element].

‘Reasonable response’ element

[If any element of the defence relates to whether the accused’s response was reasonable, add the following shaded section to the directions on that element.]

In this case you have heard evidence that NOA was intoxicated at the time that s/he [insert relevant act]. If you find that s/he was intoxicated, you must not take this into account when assessing whether his/her response to [insert relevant reasonable response element] was reasonable. The law requires you to consider what the response of a reasonable person who was sober might have been.

Last updated: 27 September 2016

See Also

8.6 - Statutory Intoxication (23/11/05 - 31/10/14)

8.6.2 - Charge: Statutory Intoxication (23/11/05 - 31/10/14) (self-induced contested)