Section 428CCrimes Act 1900 (NSW)

Intoxication in relation to offences of specific intent

(1) Evidence that a person was intoxicated (whether by reason of self-induced intoxication or otherwise) at the time of the relevant conduct may be taken into account in determining whether the person had the intention to cause the specific result necessary for an offence of specific intent.
(2) However, such evidence cannot be taken into account if the person—
(a) had resolved before becoming intoxicated to do the relevant conduct, or
(b) became intoxicated in order to strengthen his or her resolve to do the relevant conduct.

Sourced from the New South Wales Legislation website at 8 June 2026. For the latest information on New South Wales Government legislation please go to https://www.legislation.nsw.gov.au. Verify the current text against the official source before relying on it.

Related sections

Research how courts apply s 428C

BriefBridge searches NSW and High Court caselaw by meaning — every answer cited to the paragraph.

Try BriefBridge free