In NSW, self-induced intoxication cannot be relied upon to support a defence of honest and reasonable but mistaken belief as to the identity of a sexual partner in a s 61I sexual assault prosecution, by operation of s 61HA(3)(e) and s 428D Crimes Act 1900. The Queensland authority of R v O'Loughlin [2011] QCA 123 on the relevance of intoxication to honest belief about consent does not represent the law in NSW. A person who has sexual intercourse with a sleeping person without taking any steps to ascertain consent will be treated as having the requisite knowledge of lack of consent when assessed as sober.
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