Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) Evidence of self-induced intoxication cannot be considered in deciding whether a fault element of basic intent exists.
Note A fault element of intention in relation to a result or circumstance is not a fault element of basic intent (see s 30 (1), def fault element of basic intent ).
(2) This section does not prevent evidence of self-induced intoxication being considered in deciding whether conduct was accidental.
(3) This section does not prevent evidence of self-induced intoxication being considered in deciding whether a person had a mistaken belief about facts if, when carrying out the conduct making up the physical element of the offence, the person considered whether or not the facts existed.
(4) A person may be taken to have considered whether or not facts existed when carrying out conduct if—
(a) the person had considered, on a previous occasion, whether the facts existed in the circumstances surrounding that occasion; and
(b) the person honestly and reasonably believed that the circumstances surrounding the present occasion were the same, or substantially the same, as the circumstances surrounding the previous occasion.