s 43AT
In forceIntoxication – negligence as fault element
Schedule ICriminal Code of the Northern Territory of Australia
Part IIAACriminal responsibility for Schedule 1 offences and declared offences
Division 3Circumstances in which there is no criminal responsibility
Subdivision 2Intoxication
43AT Intoxication – negligence as fault element
(1)
If negligence is a fault element for a particular physical element of an offence, in determining whether that fault element existed in relation to a person who is intoxicated, regard must be had to the standard of a reasonable person who is not intoxicated.
(2)
However, if intoxication is not self-induced, regard must be had to the standard of a reasonable person intoxicated to the same extent as the person concerned.
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