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8.5.1 - Charge: Statutory Intoxication (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 (Self-induced contested).

The relevant aspects of this charge should be inserted into directions on the defence in issue: self-defence, duress, or sudden and extraordinary emergency.

For other matters involving intoxication, see below:

However:

[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 response’ element of a defence

[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

8.5 - Statutory Intoxication (From 1/11/14)

8.5.2 - Charge: Statutory Intoxication (self-induced contested)