Intoxication (offences involving basic intent)
8.2 Intoxication (offences involving basic intent)
Evidence of self‑induced intoxication cannot be considered in determining whether a fault element of basic intent existed.
A fault element of basic intent is a fault element of intention for a physical element that consists only of conduct.
A fault element of intention with respect to a circumstance or with respect to a result is not a fault element of basic intent.
This section does not prevent evidence of self‑induced intoxication being taken into consideration in determining whether conduct was accidental.
This section does not prevent evidence of self‑induced intoxication being taken into consideration in determining whether a person had a mistaken belief about facts if the person had considered whether or not the facts existed.
A person may be regarded as having considered whether or not facts existed if:
he or she had considered, on a previous occasion, whether those facts existed in circumstances surrounding that occasion; and
he or she honestly and reasonably believed that the circumstances surrounding the present occasion were the same, or substantially the same, as those surrounding the previous occasion.
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