(High Court of Australia) Criminal Law – Intention – Voluntary intoxication – Unlawfully wounding
Mason J considered the defence of intoxication to a criminal charge and held that: ‘the view is taken that the act charged is voluntary notwithstanding that it might not be ordinarily considered so by reason of the condition of the perpetrator, because his condition proceeds from a voluntary choice made by him. These cases therefore constitute an exception to the general rule of criminal responsibility.’
Barwick CJ (1), Gibbs (2), Stephen (3), Mason (4), Murphy (5), Aickin (6) and Wilson(7) JJ
(1980) 146 CLR 64, [1980] HCA 17
Austlii
Australia
Cited by:
Cited – Regina v Kingston HL 22-Jul-1994
Involuntary Intoxication not a General Defence
The prosecutor appealed an acquittal on appeal of the defendant for sexual assault, saying that he had not had the necessary intent because of intoxication through drink and drugs. He said that a co-defendant had secretly administered drugs to him. . .
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Updated: 21 June 2021; Ref: scu.272893