The defence of intoxication is governed by both common law and statute law.
Section 9AJ of the Crimes Act 1958 applies to cases in which:
- The accused is charged with murder, manslaughter, defensive homicide, attempted murder or attempted defensive homicide; and
- The alleged offence was committed on or after 23 November 2005.
The fact that the Accused was intoxicated does not give rise to a specific offence, even if the intoxication was at such a level that the Accused’s actions were involuntary.
Evidence that the Accused was intoxicated at the time of the offence can be used:
- To negate an element of the offence (e.g., voluntariness);
- To prove an element of a defence (e.g., self-defence); or
- To prove that the Accused committed the offence.