In this Part:drug includes a drug within the meaning of the Drug Misuse and Trafficking Act 1985 and a poison, restricted substance or drug of addiction within the meaning of the Poisons Act 1966.
intoxication means intoxication because of the influence of alcohol, a drug or any other substance.
offence includes an attempt to commit the offence.
offence of specific intent is defined in section 428B.
relevant conduct means an act or omission necessary to constitute the actus reus of an offence.
self-induced intoxication means any intoxication except intoxication that:
(a) is involuntary, or(b) results from fraud, sudden or extraordinary emergency, accident, reasonable mistake, duress or force, or(c) results from the administration of a drug for which a prescription is required in accordance with the prescription of a medical practitioner, a person authorised under the Nurses and Midwives Act 1991 to practise as a nurse practitioner or a midwife practitioner, or dentist, or of a drug for which no prescription is required administered for the purpose, and in accordance with the dosage level recommended, in the manufacturer’s instructions.
428B Offences of specific intent to which Part applies
(1) An offence of specific intent is an offence of which an intention to cause a specific result is an element.(2) Without limiting the generality of subsection (1), the offences referred to in the Table to this section are examples of offences of specific intent.Table
(a) an offence under the following provisions of this Act:
19A
Murder
27
Acts done to the person with intent to murder
28
Acts done to property with intent to murder
29
Certain other attempts to murder
30
Attempts to murder by other means
33
Wounding or grievous bodily harm with intent
33A
Discharging firearm etc with intent
33B
Use of weapon to resist arrest etc
37
Attempts to choke etc (garrotting)
38
Using chloroform etc to commit an offence
41
Administering poison etc to injure or to cause distress or pain
41A
Poisoning etc of water supply
47
Using etc explosive substance or corrosive fluid etc
48
Placing gunpowder near a building etc
49
Setting trap etc
55
Possessing etc gunpowder etc with intent to injure the person
61K
Assault with intent to have sexual intercourse
82
Administering drugs etc to herself by woman with child
83
Administering drugs etc to woman with intent
86
Kidnapping
87
Child abduction
99
Demanding property with intent to steal
110
Breaking, entering and assaulting with intent to murder etc
111
Entering dwelling-house
113
Breaking etc into any house etc with intent to commit serious indictable offence
114 (a) (c) (d)
Being armed etc with intent to commit offence
158
Destruction, falsification of accounts etc by clerk or servant
172
Trustees fraudulently disposing of property
174
Directors etc omitting certain entries
175
Director etc wilfully destroying etc books of company etc
176
Director or officer publishing fraudulent statements
178BB
Obtaining money etc by false or misleading statements
179
False pretences etc
180
Causing payment etc by false pretences etc
181
False pretence of title
184
Fraudulent personation
185
Inducing persons by fraud to execute instruments
190
Receiving etc cattle unlawfully killed, or carcass etc
196
Destroying or damaging property with intent to injure a person
198
Destroying or damaging property with intention of endangering life
199
Threatening to destroy or damage property
200
Possession etc of explosive or other article with intent to destroy or damage property
202 (c)
Interfering or damaging etc bed or bank of river with intent of obstructing etc navigation
205
Prejudicing the safe operation of an aircraft or vessel
210 (b)
Acting with intention of destroying etc aids to navigation
211
Criminal acts relating to railways
249C
Misleading documents or statements used or made by agents
249D
Corrupt inducements for advice
298
Demanding property on forged instruments
300
Making or using false instruments
301
Making or using copies of false instruments
302
Custody of false instruments etc
302A
Making or possession of implements for making false instruments
314
False accusations etc
315
Hindering investigation etc
317
Tampering etc with evidence
318
Making or using false official instrument to pervert the course of justice
319
General offence of perverting the course of justice
321 (1)
Corruption of witnesses and jurors
322
Threatening or intimidating judges, witnesses, jurors etc
323
Influencing witnesses and jurors
328
Perjury with intent to procure conviction or acquittal
333 (2)
Subornation of perjury
(b) an offence under the following provisions of this Act to the extent that an element of the offence requires a person to intend to cause the specific result necessary for the offence:
57
(assault on persons preserving wreck)
58
(assault with intent to commit serious indictable offence on certain officers)
66B
(assaulting with intent to have sexual intercourse with child under 10)
66D
(assaulting with intent to have sexual intercourse with child between 10 and 16)
78I
(assault with intent to have homosexual intercourse with male under 10)
78L
(assault with intent to have homosexual intercourse with male between 10 and 18)
78O
(assault with intent to have homosexual intercourse with pupil etc)
91
(taking child with intent to steal)
94
(assault with intent to rob person)
95
(assault with intent to rob in circumstances of aggravation)
96
(assault with intent to rob with wounding)
97
(assault with intent to rob with arms)
98
(assault with intent to rob)
109
(entering with intent, or stealing etc in dwelling-house and breaking out)
126
(killing with intent to steal)
139
(destroys, damages, breaks with intent to steal)
140
(destroys, damages, breaks with intent to steal)
197
(dishonestly destroying or damaging property with a view to gain)
204
(destruction of, or damage to, an aircraft or vessel with intent)
(c) any other offence by or under any law (including the common law) prescribed by the regulations.
428C Intoxication in relation to offences of specific intent
(1) Evidence that a person was intoxicated (whether by reason of self-induced intoxication or otherwise) at the time of the relevant conduct may be taken into account in determining whether the person had the intention to cause the specific result necessary for an offence of specific intent.(2) However, such evidence cannot be taken into account if the person:(a) had resolved before becoming intoxicated to do the relevant conduct, or(b) became intoxicated in order to strengthen his or her resolve to do the relevant conduct.
428D Intoxication in relation to other offences
In determining whether a person had the mens rea for an offence other than an offence of specific intent, evidence that a person was intoxicated at the time of the relevant conduct:(a) if the intoxication was self-induced—cannot be taken into account, or(b) if the intoxication was not self-induced—may be taken into account.
428E Intoxication in relation to murder and manslaughter
If evidence of intoxication at the time of the relevant conduct results in a person being acquitted of murder:(a) in the case of intoxication that was self-induced—evidence of that intoxication cannot be taken into account in determining whether the person had the requisite mens rea for manslaughter, or(b) in the case of intoxication that was not self-induced—evidence of that intoxication may be taken into account in determining whether the person had the requisite mens rea for manslaughter.
428F Intoxication in relation to the reasonable person test
If, for the purposes of determining whether a person is guilty of an offence, it is necessary to compare the state of mind of the person with that of a reasonable person, the comparison is to be made between the conduct or state of mind of the person and that of a reasonable person who is not intoxicated.
428G Intoxication and the actus reus of an offence
(1) In determining whether a person has committed an offence, evidence of self-induced intoxication cannot be taken into account in determining whether the relevant conduct was voluntary.(2) However, a person is not criminally responsible for an offence if the relevant conduct resulted from intoxication that was not self-induced.
428H Abolition of common law relating to self-induced intoxication
The common law relating to the effect of intoxication on criminal liability is abolished.
This Part applies to any offence (whether under this Act or otherwise) committed after the commencement of this Part.