South Australian Current Acts South Australian Current Acts268—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.
Example—
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.
(5) 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 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.
Maximum penalty: Imprisonment for 4 years.
(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.