36BEffect of intoxication on standard to be applied in determining reasonable belief

36B Effect of intoxication on standard to be applied in determining reasonable belief

(1) In determining whether a person who is intoxicated has a reasonable belief at any time—

(a) if the intoxication is self-induced, regard must be had to the standard of a reasonable person who is not intoxicated and who is otherwise in the same circumstances as that person at the relevant time; and

(b) if the intoxication is not self-induced, regard must be had to the standard of a reasonable person who is intoxicated to the same extent as that person and who is in the same circumstances as that person at the relevant time.

(2) For the purposes of this section, intoxication is self-induced unless it came about—

(c) from the use of a drug for which a prescription is required and that was used in accordance with the directions of the person who prescribed it; or

S. 36B(2)(ca) inserted by No. 5/2018 s. 4(1)(a), repealed by No. 34/2019 s. 46(a).

S. 36B(2)(d) amended by Nos 5/2018 s. 4(1)(b), 34/2019 s. 46(b).

(d) from the use of a drug for which a prescription is not required and that was used for a purpose, and in accordance with the dosage level, recommended by the manufacturer.

S. 36B(3) amended by Nos 5/2018 s. 4(2), 37/2023 s. 4.

(3) However, intoxication that comes about in the circumstances referred to in subsection (2)(c) or (d) is self-induced if the person using the drug knew, or had reason to believe, when taking the drug that it would significantly impair the person's judgement or control.

S. 37 substituted by No. 81/1991 s. 3,
amended by Nos 81/1997 s. 4, 2/2006 s. 4, substituted by No. 57/2007 s. 3, repealed by No. 74/2014 s. 7(3), new s. 37 inserted by No. 47/2016 s. 5.