Part 8Intoxication

Part 8—Intoxication 267A—Definitions alleged offence means the offence with which the defendant is charged but also extends to any other offence of which the defendant could be found guilty on the charge; consciousness includes— (a) volition; (b) intention; (c) knowledge; (d) any other mental state or function relevant to criminal liability; consumption of a drug includes— (a) injection of the drug (either by the person to whom the drug is administered or someone else); and (b) inhalation of the drug; and (c) any other means of introducing the drug into the body; drug means alcohol or any other substance that is capable (either alone or in combination with other substances) of influencing mental functioning; intoxication means a temporary disorder, abnormality or impairment of the mind that results from the consumption or administration of a drug; medical practitioner means a registered medical practitioner or registered dentist; objective element of an offence means an element of the offence that is not a subjective element; recreational use of a drug—consumption of a drug is to be regarded as recreational use of the drug unless— (a) the drug is administered against the will, or without the knowledge, of the person who consumes it; or (b) the consumption occurs accidentally; or (c) the person who consumes the drug does so under duress, or as a result of fraud or reasonable mistake; or (d) the consumption is therapeutic; self-induced—see subsections (2) and (3); serious harm means— (a) serious mental or physical harm; or (b) loss of, or damage to property, where the amount or value of the loss or damage exceeds $10 000; subjective element of an offence means a mental element of the offence and includes voluntariness; therapeutic—the consumption of a drug is to be regarded as therapeutic if— (2) Intoxication resulting from the recreational use of a drug is to be regarded as self‑induced. (3) If a person becomes intoxicated as a result of the combined effect of the therapeutic consumption of a drug and the recreational use of the same or another drug, the intoxication is to be regarded as self‑induced even though in part attributable to therapeutic consumption. 268—Mental element of offence to be presumed in certain cases (1) If the objective elements of an alleged offence are established against a defendant but the defendant's consciousness was (or may have been) impaired by intoxication to the point of criminal irresponsibility at the time of the alleged offence, the defendant is nevertheless to be convicted of the offence if it is established that the defendant— (a) formed an intention to commit the offence before becoming intoxicated; and (b) consumed intoxicants in order to strengthen his or her resolve to commit the offence. (2) If the objective elements of an alleged offence are established against a defendant but the defendant's consciousness was (or may have been) impaired by self-induced intoxication to the point of criminal irresponsibility at the time of the alleged offence, the defendant is nevertheless to be convicted of the offence if the defendant would, if his or her conduct had been voluntary and intended, have been guilty of the offence. (3) However, subsection (2) does not extend to— (a) a case in which it is necessary to establish that the defendant foresaw the consequences of his or her conduct; or (b) except where the alleged offence is an offence against section 48 (rape)—a case in which it is necessary to establish that the defendant was aware of the circumstances surrounding his or her conduct. A, whose consciousness is impaired by self-induced intoxication to the point of criminal irresponsibility at the time of the alleged offence, beats B up and B dies of the injuries. In this case, A could be convicted of manslaughter but not of murder (because A is taken to have intended to do the act that results in death but not the death). (4) If— (a) the objective elements of an alleged offence are established against a defendant but the defendant's consciousness was (or may have been) impaired by self-induced intoxication to the point of criminal irresponsibility at the time of the alleged offence; and (b) the defendant's conduct resulted in death; and (c) the defendant is not liable to be convicted of the offence under subsection (1) or (2); and (d) the defendant's conduct, if judged by the standard appropriate to a reasonable and sober person in the defendant's position, falls so short of that standard that it amounts to criminal negligence, the defendant may be convicted of manslaughter and liable to imprisonment for life. (a) the objective elements of an alleged offence are established against a defendant but the defendant's consciousness was (or may have been) impaired by self‑induced intoxication to the point of criminal irresponsibility at the time of the alleged offence; and (b) the defendant's conduct resulted in serious harm (but not death); and (c) the defendant is not liable to be convicted of the offence under subsection (1) or (2); and (d) the defendant's conduct, if judged by the standard appropriate to a reasonable and sober person in the defendant's position, falls so short of that standard that it amounts to criminal negligence, the defendant may be convicted of causing serious harm by criminal negligence. (6) A defendant's consciousness is taken to have been impaired to the point of criminal irresponsibility at the time of the alleged offence if it is impaired to the extent necessary at common law for an acquittal by reason only of the defendant's intoxication. 269—Question of intoxication must be specifically raised (1) On the trial of a defendant who was (or may have been) intoxicated at the time of the alleged offence, the question whether the defendant's consciousness was, or may have been, impaired by intoxication to the point of criminal irresponsibility— (a) is not to be put to the jury by the judge, the prosecutor or the defendant; and (b) if raised by the jury itself, is to be withdrawn from the jury's consideration, unless the defendant or the prosecutor specifically asks the judge to address the jury on that question. (2) A defendant's consciousness is taken to have been impaired to the point of criminal irresponsibility at the time of an alleged offence if, because of impairment of consciousness, a subjective element of the alleged offence cannot be established against the defendant.