(1) In this section—
"defence" includes self-defence, duress and sudden or extraordinary emergency;
"intoxication" means intoxication because of the influence of alcohol, a drug or any other substance.
(2) If any part of a defence to an offence relies on reasonable belief, in determining whether that reasonable belief existed, regard must be had to the standard of a reasonable person who is not intoxicated.
(3) If any part of a defence to an offence relies on reasonable response, in determining whether that response was reasonable, regard must be had to the standard of a reasonable person who is not intoxicated.
(4) If a person's intoxication is not self-induced, in determining whether any part of a defence to an offence relying on reasonable belief or reasonable response exists, regard must be had to the standard of a reasonable person intoxicated to the same extent as the person concerned.
(5) For the purposes of this section, intoxication is self-induced unless it came about—
(a) involuntarily; or
(b) because of fraud, sudden or extraordinary emergency, accident, reasonable mistake, duress or force; or
(c) from the use of a drug for which a prescription is required and that was used in accordance with the directions of the person who prescribed it; or
S. 322T(5)(ca) inserted by No. 20/2016 s. 145(1)(a).
(ca) from the use of a medicinal cannabis product in accordance with a patient medicinal cannabis access authorisation; or
S. 322T(5)(d) amended by No. 20/2016 s. 145(1)(b).
(d) from the use of a drug for which no prescription is required (other than a medicinal cannabis product) and that was used for a purpose, and in accordance with the dosage level, recommended by the manufacturer.
S. 322T(6) amended by No. 20/2016 s. 145(2).
(6) Despite subsection (5), intoxication is
self-induced in the circumstances referred to in subsection (5)(c), (ca) or
(d) if the person using the drug knew, or had reason to believe, when the
person took the drug that the drug would significantly impair the person's
judgment or control.
Pt 2 Div. 1 (Heading) substituted by No. 9576 s. 4(1).
Division 1—Abettors, accessories and
concealers of offences
Pt 2 Div. 1 Subdiv. (1) (Heading and s. 323) substituted by No. 9576 s. 4(1), amended by No. 68/2009 s. 97(Sch. item 40.20), substituted by No. 63/2014 s. 6.
(1) Complicity in commission of offences
S. 323 substituted by No. 63/2014 s. 6.