Where intoxication results from a combination of alcohol and prescription drugs, the question whether it is 'self-induced' under s 338(2) of the Crimes Act 1900 (ACT) is determined by a common sense test of causation, not a 'but for' test. The defendant bears an evidentiary onus to raise a triable issue that the prescription drugs were a real and effective cause of the intoxication. The Supreme Court has power under s 218 of the Magistrates Court Act to adjust sentences on appeal to account for time spent in custody where s 216 has stayed the sentence.
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