Australian Capital Territory Current Acts

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CRIMINAL CODE 2002 - SECT 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.

    (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.



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