Section 428G — Crimes Act 1900 (NSW)

Intoxication and the actus reus of an offence

(1) In determining whether a person has committed an offence, evidence of self-induced intoxication cannot be taken into account in determining whether the relevant conduct was voluntary.
(2) However, a person is not criminally responsible for an offence if the relevant conduct resulted from intoxication that was not self-induced.

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 428D — Intoxication in relation to other offences
s 428E — Intoxication in relation to murder, manslaughter and assault causing death
s 428F — Intoxication in relation to the reasonable person test
s 428H — Abolition of common law relating to self-induced intoxication
s 428I — Application of Part
s 431 — Convicted persons not to be liable to death penalty

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