Section 428G Crimes Act 1900 | Intoxication and the Actus Reus of an Offence


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Section 428G of the Crimes Act 1900 is Intoxication and the Actus Reus of an Offence and is extracted below.

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The Legislation

Section 428G of the Crimes Act 1900 deals with the offence of ‘Intoxication and the Actus Reus of an Offence’ and reads as follows:

428G Intoxication and the Actus Reus of an Offence

(1) In determining whether a person has committed an offence, evidence of self-induced intoxication cannot be taken into account in determining whether the relevant conduct was voluntary.

(2) However, a person is not criminally responsible for an offence if the relevant conduct resulted from intoxication that was not self-induced.

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Being charged with Intoxication and the Actus Reus of an Offence can have a detrimental impact on your life, career and your professional reputation.

But by arming yourself with the best possible defence, you can avoid these potential consequences.

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Our lawyers will carefully examine all the evidence in order to identify any possible weaknesses with the prosecution case.

Where problems are identified, our lawyers can write to police and push to have the charges dropped before your matter reaches a defended hearing.

Alternatively, if you wish to fight the charges in court, our senior lawyers will assist you in identifying and raising any possible defences.

Our experienced advocates will fight hard to win your case by presenting any favourable evidence in a compelling manner in court and casting doubt on the prosecution case.

We offer a FREE first conference with our lawyers to help you understand your options – so give us a call now on (02) 9261 8881 and take the first step in fighting your matter.