Section 428D — Crimes Act 1900 (NSW)

Intoxication in relation to other offences

In determining whether a person had the mens rea for an offence other than an offence of specific intent, evidence that a person was intoxicated at the time of the relevant conduct—
(a) if the intoxication was self-induced—cannot be taken into account, or
(b) if the intoxication was not self-induced—may be taken into account.

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

s 428A — Definitions
s 428B — Offences of specific intent to which Part applies
s 428C — Intoxication in relation to offences of specific intent
s 428E — Intoxication in relation to murder, manslaughter and assault causing death
s 428F — Intoxication in relation to the reasonable person test
s 428G — Intoxication and the actus reus of an offence

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