A trial judge must direct the jury on the relevance of intoxication to intention, self-defence, and witness reliability whenever there is evidence of intoxication capable of bearing on those issues, regardless of whether the defence wishes to rely on intoxication. The objective likelihood of endangering life is an element of the offence under s 29(1) of the Criminal Law Consolidation Act 1935 (SA), implied by the knowledge requirement, and should be clearly identified in jury directions. Failure to aver the knowledge element in the information renders it defective but not void, and the proviso may be applied if no miscarriage of justice results.
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