South Australian Current Acts South Australian Current Acts269—Question of intoxication must be specifically raised
(1) On the trial of a
defendant who was (or may have been) intoxicated at the time of the
alleged offence, the question whether the defendant's consciousness was, or
may have been, impaired by intoxication to the point of criminal
irresponsibility—
(a) is
not to be put to the jury by the judge, the prosecutor or the defendant; and
(b) if
raised by the jury itself, is to be withdrawn from the jury's consideration,
unless the defendant or the prosecutor specifically asks the judge to address
the jury on that question.
(2) A defendant's
consciousness is taken to have been impaired to the point of criminal
irresponsibility at the time of an alleged offence if, because of impairment
of consciousness, a subjective element of the alleged offence cannot be
established against the defendant.