67A
In forceWords, actions and self-induced intoxication of accused person
Part 3Sexual offences
67A Words, actions and self-induced intoxication of accused person
(1)
This section applies to a proceeding for an offence against a sexual offence consent provision.
(2)
In deciding a person’s (the accused person) knowledge or belief, or recklessness, about whether another person consented to an act mentioned in the provision, the trier of fact—
(a)
must consider all the circumstances of the case, including anything the accused person said or did; but
(b)
must not consider the accused person’s self‑induced intoxication.
(3)
In this section:
intoxication—see the Criminal Code, section 30 (1).
self-induced—see the Criminal Code, section 30 (2) and (3).
sexual offence consent provision—see section 67 (6).
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