The provisions of Chapter IV of the Criminal Code (Tas) on criminal responsibility, including s.17 on intoxication, do not apply to summary offences that have no corresponding crime under the Code; for such offences, criminal responsibility is governed by the common law. The offence of trespass under s.14B(1) of the Police Offences Act 1935 requires proof that the accused knew the premises belonged to another person, and evidence of self-induced intoxication is admissible at common law on that question. Cox J dissented on the result, holding that s.17(3) of the Code applied to deny the intoxication defence for this offence of basic intent.
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