Section 11Part 1 — Preliminary
Intoxication
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Save as provided in this section, intoxication shall not constitute a defence to a criminal charge.
Intoxication shall be a defence to a criminal charge if by reason thereof the person charged at the time of the act or omission complained of did not know that such act or omission was wrong or did not know what that person was doing and —
the state of intoxication was caused without that person's consent by the malicious or negligent act of another person; or
the person charged was by reason of intoxication insane, temporarily or otherwise, at the time of such act or omission.
Where the defence under subsection (2) is established, then in a case falling under paragraph (a) thereof, the accused shall be discharged, and in a case falling under paragraph (b), section 10 shall apply.
Intoxication shall be taken into account for the purpose of determining whether the person charged had formed any intention, specific or otherwise, in the absence of which that person would not be guilty of the offence.
In this section "intoxication" shall be deemed to include a state produced by narcotics or drugs.
Defined Terms
intoxication
Cross References
- Section 10 of Penal Codeexternal
reference to section 10 (Insanity)