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CRIMINAL CODE 2002 - SECT 32 Intoxication—negligence as fault element

CRIMINAL CODE 2002 - SECT 32

Intoxication—negligence as fault element

    (1)     If negligence is a fault element for a particular physical element of an offence, in deciding whether the fault element exists for a person who is intoxicated, regard must be had to the standard of a reasonable person who is not intoxicated.

    (2)     However, if intoxication is not self-induced, regard must be had to the standard of a reasonable person intoxicated to the same extent as the person concerned.