The defence of involuntariness under s 23(1)(a) of the Criminal Code (Qld) remains unavailable where the alleged involuntariness is attributable to intoxication; ss 27 and 28 exclusively govern such cases. R v Kusu [1981] Qd R 136 is confirmed as correctly decided. The dissenting reasons of Macrossan J in Kusu are confined to the narrow proposition that intoxication may be relevant under s 23 in cases of 'accident' (e.g., unintentional discharge of a firearm) but not where the accused seeks to establish automatism due to intoxication.
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