Can Intoxication be a Defence to a Crime – Here’s What You Need to Know

In Australia, our drinking culture as such is that despite its dangers, alcohol remains a popular beverage of choice during events and gatherings. With the clouded judgment that comes with drinking a few too many, however, people often find themselves falling on the wrong side of the law and committing criminal offences. If a person accused of a crime was intoxicated at the time of the offence, it may complicate the case and change its course.



While intoxication is not considered a defence per se, intoxication can certainly affect the outcome of the case. Intoxication can be taken into account by the court or the jury to decide whether or not the accused person had the necessary mental intention of causing the result necessary for an offence. If the accused has been found to have decided to do an offence before they became intoxicated, however, intoxication will not likely be considered a sufficient barrier to being found guilty of the offence.

Involuntary intoxication happens when an individual has consumed substances unexpectedly or under threat of force. If the defendant is charged with a specific intent crime, in certain circumstances they may be able to raise involuntary intoxication as a defence. Being intoxicated can greatly alter their state of mind, thereby affecting or limiting their intent to commit a crime.

Involuntary intoxication may be able to be used as a defence similar to an insanity defence, where the defendant’s understanding has been impeded by the substances in his or her system. In other words, any actions done under the influence of a substance may argruably have impeded their judgement, which can result in the accused being found not guilty.

Unfortunately, successfully relying on voluntary intoxication to excuse yourself from crimes is far more challenging than involuntary intoxication. Under the ACT law, voluntary intoxication can only become applicable for a certain number of crimes. Even if those circumstances apply, however, it may be that voluntary intoxication does not excuse you of the crime but instead provides an explanation at a sentencing hearing.

Raising voluntary intoxication as a factor impacting on your offending conduct at a sentencing hearing may reduce the overall culpability of the crime. The reality is that the Court will recognise that being intoxicated may mean you are not yourself, and will take that into account.

As previously mentioned, using intoxication as a defence can only work if the prosecution must establish specific intent as the mental element of the crime with which you have been charged. If the person became intoxicated so that they could commit the crime, then using it as a defence would be unlikely to be successful. If the intoxication goes so far as to be able to render you unable to form the requisite criminal intent, the prosecution may fail in proving the case against you and you may in limited circumstances be acquitted.

In the criminal justice system, intoxication is often a factor at play in what brings people before a Court. It is sometimes raised as a defence, but overwhelmingly more often relied upon to explain an accused person’s actions at a sentencing hearing. When it comes to certain crimes, raising intoxication as a defence is very difficult and would be a very technical defence.

For the best criminal lawyers in Canberra, Andrew Byrnes Law Group is the team you should call. As a fearless, results-focused firm, we’ll help you to adopt the best possible strategy or defence for your case if intoxication was involved. As fearless fighters and innovative criminal lawyers, we’ll help you achieve justice. Book a consultation with us today to find out how our criminal defence lawyers can fight for you.