Section 428E — Crimes Act 1900 (NSW)

(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.

Related sections

• s 428B — Offences of specific intent to which Part applies
• s 428C — Intoxication in relation to offences of specific intent
• s 428D — Intoxication in relation to other offences
• s 428F — Intoxication in relation to the reasonable person test
• s 428G — Intoxication and the actus reus of an offence
• s 428H — Abolition of common law relating to self-induced intoxication

Research how courts apply s 428E

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