Northern Territory Consolidated Acts

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CRIMINAL CODE - SECT 43AT

Intoxication - negligence as fault element

43AT. Intoxication - negligence as fault element

(1) If negligence is a fault element for a particular physical element of an offence, in determining whether that fault element existed in relation to 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.



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