Is intoxication a defence in NSW?

Is intoxication a defence in NSW?

Intoxication is sometimes erroneously referred to as a criminal defence. Rather than a defence, intoxication by alcohol or drugs is a factor that can sometimes be taken into account when determining whether a person had the intent to commit an offence.

Can you use intoxication as a defense?

Unlike involuntary intoxication, voluntary intoxication is never a defense to a general intent crime. However, voluntary intoxication may be used as a defense to specific intent crimes if, as with involuntary intoxication, it prevents the defendant from forming the criminal intent necessary to commit the crime.

Is drunkenness a defence to a crime?

It would appear to follow that intoxication could be described as a partial defence to a crime of specific intent, in that it reduces it to a crime of basic intent. That, of course, is not quite the same concept underpinning the familiar partial defences of loss of self control and diminished responsibility.

Is intoxication a complete or partial Defence?

Intoxication is not a defence to a crime as such, but where a person is intoxicated through drink or drugs and commits a crime, the level of intoxication may be such as to prevent the defendant forming the necessary mens rea of the crime.

Is intoxication an exculpatory defence?

Exculpatory defences arise independently of the definitional elements of offences. They are therefore separate from defences which negative actus reus or mens rea, including defences like intoxication and like insanity in the form where there is incapacity to understand the nature and quality of the conduct.

When can intoxication be used as a defense give an example?

For example, if someone appears to have committed an assault, but, due to intoxication, was unable to form the specific intent to cause harm, then they would have a defense to the charge.

Is intoxication admissible in court?

It is a generally accepted rule that a layman may testify as to the intoxicated condition of another person. 1 Whether this is because his testimony is considered to be fact or because it is an exception to the rule against opinion evidence is open to some argument.

What are two types of intoxication defenses?

The intoxication defense is available in two forms; involuntary intoxication and voluntary intoxication.

How far is the drunkenness a defence to criminal act?

The court said defence of drunkenness was at the most a mitigating factor. But for that, the level of inebriation should be such that it leaves the accused incapable of having a “particular intention” to commit the crime. Intoxication, as such, is not a defence to a criminal charge.

Is intoxication a mitigating factor?

Courts consistently articulate a ‘general rule’ that intoxication per se does not operate as a mitigating factor.

Is voluntary intoxication a defense to a specific intent crime?

Voluntary intoxication cannot be used as a defense to general intent crimes. It can, however, be used as a defense to a specific intent crime. For example, burglary generally requires breaking and entering into a dwelling with the intent to commit a crime therein.

Is intoxication a defense to recklessness?

The Model Penal Code, which defines criminal mental states in terms of purpose, knowledge, recklessness or negligence, allows a defendant to use voluntary intoxication as a defense to crimes requiring proof of a state of mind of either purpose or knowledge.