LLB180 Study Guide - Final Guide: Crimes Act 1900, Partial Defence, Grievous Bodily Harm
Week 9 – Intoxication and Self Defence
Intoxication
Burden of Proof:
• Evidentiary burden – D
• Legal burden – P (Stokes and Difford)
Important Distinctions
• Distitio etee self-idued ad non-self-induced intoxication (s 428A)
• Distinction between offences of specific intent and other offences (see s 428B)
• Cotested aguig that the at as ot oitted olutail o the didt hae
the necessary intent
Self-Induced Intoxication in NSW
• Ainsworth 994 A Ci ‘ : it is the experience in this State that, where
someone has been killed, it is rare for juries to regard the consumption of alcohol by
the peso esposile fo killig as a atte of euse
itoiatio a go to uestios of itet… [hee] a ju ill regard the
consumption of alcohol, not as an excuse for what occurred, but simply as an
explanation of how it might come about than an otherwise apparently decent
peso ould kill soeod
• 1966 → Pt 11A Crimes Act introduced and overrode common law relating to the
effect of self-induced intoxication on criminal liability (s 428H)
• Part 11A:
- S 428B Offences of specific intent
- S 428C Intoxication in relation to offences of specific intent
- S 428D Intoxication in relation to other offences
- S 428G Intoxication and the actus reus of an offence
Defiitio of Specific Itet
• Section 428: A offee of speifi itet is a offee of hih a itetio to
ause a speifi esult is a eleet
• See Table in s 428(2)
• NOTE: sexual assault is NOT specific intent because there is no mens rea
requirement directed to the achievement of a result beyond the act of intercourse)
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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 (2)
Choking, suffocation or strangulation with intent to commit or assist in committing another
indictable offence
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
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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 commitserious 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
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Document Summary
Burden of proof: evidentiary burden d, legal burden p (stokes and difford) S 428c intoxication in relation to offences of specific intent. S 428d intoxication in relation to other offences. S 428g intoxication and the actus reus of an offence. Acts done to the person with intent to murder. Acts done to property with intent to murder. Choking, suffocation or strangulation with intent to commit or assist in committing another indictable offence. Administering poison etc to injure or to cause distress or pain. Using etc explosive substance or corrosive fluid etc. Possessing etc gunpowder etc with intent to injure the person. Administering drugs etc to herself by woman with child. Breaking, entering and assaulting with intent to murder etc. Breaking etc into any house etc with intent to commitserious indictable offence. Being armed etc with intent to commit offence. Destruction, falsification of accounts etc by clerk or servant. Director etc wilfully destroying etc books of company etc.
