31Intoxication—offences involving basic intent

31 Intoxication—offences involving basic intent (1) Evidence of self-induced intoxication cannot be considered in deciding whether a fault element of basic intent exists. Note A fault element of intention in relation to a result or circumstance is not a fault element of basic intent (see s 30 (1), def fault element of basic intent). (2) This section does not prevent evidence of self-induced intoxication being considered in deciding whether conduct was accidental. (3) This section does not prevent evidence of self-induced intoxication being considered in deciding whether a person had a mistaken belief about facts if, when carrying out the conduct making up the physical element of the offence, the person considered whether or not the facts existed.

Intoxication Division 2.3.3 (4) A person may be taken to have considered whether or not facts existed when carrying out conduct if— (a) the person had considered, on a previous occasion, whether the facts existed in the circumstances surrounding that occasion; and (b) the person honestly and reasonably believed that the circumstances surrounding the present occasion were the same, or substantially the same, as the circumstances surrounding the previous occasion.