Effect of intoxication on standard to be applied in determining reasonable belief
36B Effect of intoxication on standard to be applied in determining reasonable belief
S. 36B (Heading) amended by No. 38/2022 s. 9.
S. 36B inserted by No. 47/2016 s. 5.
In determining whether a person who is intoxicated has a reasonable belief at any time—
if the intoxication is self-induced, regard must be had to the standard of a reasonable person who is not intoxicated and who is otherwise in the same circumstances as that person at the relevant time; and
if the intoxication is not self-induced, regard must be had to the standard of a reasonable person who is intoxicated to the same extent as that person and who is in the same circumstances as that person at the relevant time.
For the purposes of this section, intoxication is self-induced unless it came about—
involuntarily; or
because of fraud, sudden or extraordinary emergency, accident, reasonable mistake, duress or force; or
from the use of a drug for which a prescription is required and that was used in accordance with the directions of the person who prescribed it; or
S. 36B(2)(ca) inserted by No. 5/2018 s. 4(1)(a), repealed by No. 34/2019 s. 46(a).
* * * * *
S. 36B(2)(d) amended by Nos 5/2018 s. 4(1)(b), 34/2019 s. 46(b).
from the use of a drug for which a prescription is not required and that was used for a purpose, and in accordance with the dosage level, recommended by the manufacturer.
S. 36B(3) amended by Nos 5/2018 s. 4(2), 37/2023 s. 4.
However, intoxication that comes about in the circumstances referred to in subsection (2)(c) or (d) is self-induced if the person using the drug knew, or had reason to believe, when taking the drug that it would significantly impair the person's judgement or control.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.