Where evidence of drug intoxication combined with sleep deprivation is raised on the issue of intent in a murder trial, the trial judge must give specific directions (the 'negative direction') explaining the relevance of that evidence to intent and directing the jury that the Crown must exclude the reasonable possibility that the accused's intoxicated state denied the formation of the requisite intent. A general direction that the Crown must prove intent beyond reasonable doubt is insufficient. The proviso to s 568(1) of the Crimes Act 1958 (Vic) will not save a conviction where the failure to give such directions on the sole live issue deprived the accused of a chance of acquittal fairly open to him.
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