Section 428F — Crimes Act 1900 (NSW)

Intoxication in relation to the reasonable person test

If, for the purposes of determining whether a person is guilty of an offence, it is necessary to compare the state of mind of the person with that of a reasonable person, the comparison is to be made between the conduct or state of mind of the person and that of a reasonable person who is not intoxicated.

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 428C — Intoxication in relation to offences of specific intent
s 428D — Intoxication in relation to other offences
s 428E — Intoxication in relation to murder, manslaughter and assault causing death
s 428G — Intoxication and the actus reus of an offence
s 428H — Abolition of common law relating to self-induced intoxication
s 428I — Application of Part

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