11CSelf-induced intoxication not to be mitigating factor in sentencing

### 11C Self-induced intoxication not to be mitigating factor in sentencing > [*\[Section 11C Inserted by No. 10 of 2020, s. 6, Applied:01 Jul 2020\]*](/view/html/inforce/2020-07-01/act-2020-010#GS6@EN) > > > (1)  In determining the appropriate sentence for an offence, the self-induced intoxication of the offender at the time the offence was committed is not to be taken into account as a mitigating factor. > > > (2)  [Subsection (1)](#GS11C@Gs1@EN) has effect despite any Act or rule of law to the contrary. > > > (3)  In this section – > > > > > ***drug*** includes – > > > > > > > > (a) a controlled substance within the meaning of the [Misuse of Drugs Act 2001](/view/html/inforce/2026-04-12/act-2001-094) ; and > > > > > > > > > (b) a poison, drug of dependence or restricted substance, each within the meaning of the [Poisons Act 1971](/view/html/inforce/2026-04-12/act-1971-081) ; > > > > > ***intoxication*** means intoxication because of the influence of alcohol, a drug or any other substance; > > > > > ***self-induced intoxication***, in relation to a person, means any intoxication of the person except intoxication that – > > > > > > > > (a) is involuntary; or > > > > > > > > > (b) results from fraud, sudden or extreme emergency, accident, reasonable mistake, duress or force; or > > > > > > > > > (c) results from the administration of a drug – > > > > > > > > > > > > (i) for which a prescription from a person authorised under an Act to prescribe the drug is required; and > > > > > > > > > > > > > (ii) which is administered for the purpose, and in accordance with the dosage level, recommended by the person prescribing the drug or in the instructions, in relation to the drug, of the manufacturer of the drug; or > > > > > > > > > (d) results from the administration of a drug – > > > > > > > > > > > > (i) for which no prescription is required; and > > > > > > > > > > > > > (ii) which is administered for the purpose, and in accordance with the dosage level, recommended in the instructions, in relation to the drug, of the manufacturer of the drug.