Australian Capital Territory Current Acts

CRIMINAL CODE 2002 - SECT 30

    (1)     In this Act:

"fault element of basic intent "means a fault element of intention for a physical element that consists only of conduct.

"intoxication" means intoxication because of the influence of alcohol, a drug or any other substance.

    (2)     For this Act, 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 doctor or dentist 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.

    (3)     However, subsection (2) (c) and (d) does apply 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.