Evidence that an accused was a habitual user of ice and smoked ice on the day of the offence does not, without evidence of the quantity consumed or its specific effect on the accused, constitute evidence of intoxication sufficient to require a trial judge to leave manslaughter as an alternative verdict to murder. Where an accused resolved to commit the relevant conduct before consuming drugs, s 428C(2) of the Crimes Act 1900 (NSW) precludes reliance on intoxication evidence regardless. Coincidence evidence from a prior similar offence may be relevant to the accused's state of mind and may preclude the viability of a manslaughter alternative that might otherwise arise.
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