Victorian Consolidated Legislation

Crimes Act 1958 - SECT 9AJ

Intoxication

9AJ. Intoxication



(1) If any part of an element of a relevant offence, or of a defence to a
relevant 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.

(2) If any part of an element of a relevant offence, or of a defence to a
relevant offence, relies on a person having reasonable grounds for a belief,
in determining whether those reasonable grounds existed, regard must be had to
the standard of a reasonable person who is not intoxicated.

(3) If any part of an element of a relevant offence, or of a defence to a
relevant 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 an element of a relevant offence, or of a defence to a relevant
offence, relying on reasonable belief, having reasonable grounds for a 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

   (d)  from the use of a drug for which no prescription is required and that
        was used for a purpose, and in accordance with the dosage level,
        recommended by the manufacturer.

(6) Despite subsection (5), intoxication is self-induced in the circumstances
referred to in subsection (5)(c) 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.

(1A) Treasonable offences