New South Wales Consolidated Acts

CRIMES ACT 1900 - SECT 428E

428E Intoxication in relation to murder, manslaughter and assault causing death

(1) 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 for an offence under section 25A, 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 or for an offence under section 25A.

(2) An offence under section 25A is not an offence of specific intent for the purposes of this Part.