Where an accused has a pre-existing mental illness (such as schizophrenia) and was also intoxicated at the time of offending, the defence of mental health impairment under s 28 of the MHCIFP Act is only excluded if the impairment was caused solely by drug ingestion — not merely because drug use cannot be excluded as a contributing factor — and the Crown bears the onus of proving the s 4(3) exclusion.
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