This defence can only be raised in ‘specific intent’ offences such as murder, where the prosecution must prove that you intended to kill the deceased. These types of offences require that you intended for the result.

For any other offences that are not ‘specific intent’, the court is not able to consider the level of intoxication and whether there was an intention to commit the crime.

To be successful in this defence, you must prove beyond reasonable doubt, that:

  • You were intoxicated at the relevant time of the offence (either consumed intentionally or spiked drink). Intoxication also extends to alcohol and illegal drugs such as, ice, ecstasy, or heroin.
  • Your intoxication affected your ability to form the intention to commit the crime. You will not be successful in this defence if you planned to commit a murder and did so whilst heavily intoxicated at the time.