The NSW Bench Book suggested intoxication direction at [3-255] is not erroneous. Directions that refer to the jury 'finding' or 'determining' the extent and effect of intoxication do not necessarily interpose a requirement to find an intermediate fact before considering whether the Crown has proved intention beyond reasonable doubt, provided the directions as a whole clearly convey the onus and standard of proof. The absence of objection by trial counsel to directions is relevant to whether leave under r 4 should be granted but is not determinative where a miscarriage of justice is established.
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