Intoxication is not a complete defence except in very limited circumstances. It is a defence to certain parts of criminal offences which if not proved can result in not guilty verdicts. Intoxication as a defence is a complicated area of the law and difficult defence to raise. Our experienced criminal lawyers can assist you raise intoxication if it is an available defence to you.

Intoxication includes intoxication from alcohol and drugs, both illicit and prescription.

When is intoxication a complete defence?

Intoxication is a complete defence where the intoxication was the involuntary.

You are not criminally responsible for an offence if the relevant conduct resulted from intoxication that was not self-induced.  that is if the intoxication was involuntary. You became intoxicated because of a crime against you, fraud, accident, reasonable mistake, duress or force. Example of involuntary intoxication are:

  1. Being drugged and drink spiking.
  2. Taking medication in in accordance with the dosage level recommended, but there being an adverse reaction that led to intoxication. 

When may intoxication be used as a partial defence to criminal charges?

Evidence of intoxication can be used as a partial defence where you are charged with an offence of specific intent. 

Specific intent offences are those which require the police to prove that you possessed a specific intent to bring about a specific result. For these offences, the court can consider your degree of intoxication when determining if you intended to bring about a certain result from your conduct. A common example is whether a person did not turn their mind to inflicting grievous bodily harm because of their level of intoxication. 

Evidence of intoxication may not be taken into account if you resolved before becoming intoxicated to do the relevant conduct. Or became intoxicated in order to strengthen your resolve to do the relevant conduct.

Testimonials

Highly recommend Steven, who supported me in every key point during the preparation to the court. I found Steven... read more

Snoopy Aus Avatar
Snoopy Aus
12/01/2020

If you are looking at this message to decide if you want to engage Joe for a positive outcome on... read more

Vix Mccool Avatar
Vix Mccool
11/15/2020

Steven Mercael from AC law is the lawyer to see. Highly professional, very focused and committed to delivering the best... read more

Sajad Reed Avatar
Sajad Reed
10/23/2020

I would highly recommend Joe Corey from AC Law Group. Joe represented my son who found himself in an unenviable... read more

John H Avatar
John H
10/15/2020

Would absolutely have no hesitation to recommend Steven to anyone. Since my first phone call, I knew I was in... read more

N V Avatar
N V
10/12/2020

Joseph Correy outstanding criminal lawyer. His attention to detail and overall professionalism is second to none. Cant thank this man... read more

Lwei iss Avatar
Lwei iss
9/28/2020

Experienced Team and professional bunch of people. Mr Joseph Correy is one very knowledgeable guy and will get you the... read more

Ahmed Ali Avatar
Ahmed Ali
9/15/2020

The first time we entered AC Law Group, we felt we had been welcomed, unlike other law firms we went.... read more

Claudia Avatar
Claudia
8/28/2020

Joseph is one of the most professional, competent and hard working solicitors I’ve had the pleasure of working with. Thanks... read more

Sharul Kumar Avatar
Sharul Kumar
8/10/2020

If like my brother & his friends you’ve gotten yourself in a unimaginable position, I can’t stress enough that Steven... read more

Dee Vitale Avatar
Dee Vitale
7/27/2020

Don’t wait.
Get in touch now.

CONTACT US