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(1)Except as provided in this section, intoxication shall not constitute a defence to any criminal charge.
(2)Intoxication shall be a defence to any criminal charge if by reason of the intoxication the person charged, at the time of the act or omission complained of, did not know that the act or omission was wrong or did not know what he or she was doing and—
(a)the state of intoxication was caused without his or her consent by the malicious or negligent act of another person; or
(b)the person charged was by reason of intoxication insane, temporarily or otherwise, at the time of such act or omission.
(3)Where the defence under subsection (2) is established, then in a case falling under subsection (2)(a) the accused person shall be discharged; and in a case falling under subsection (2)(b), the provisions of the Magistrates Courts Act relating to insanity shall apply.
(4)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 he or she would not be guilty of the offence.
(5)For the purposes of this section, “intoxication” shall be deemed to include a state produced by narcotics or drugs.
You generally cannot use drunkenness or drug use as a defence to a crime. However, you may be excused if you were intoxicated without your consent by ...
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