Section 428E Crimes Act 1900 | Intoxication in Relation to Murder, Manslaughter and Assault Causing Death


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Section 428E of the Crimes Act 1900 is Intoxication in Relation to Murder, Manslaughter and Assault Causing Death and is extracted below.

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The Legislation

Section 428E of the Crimes Act 1900 deals with the offence of ‘Intoxication in Relation to Murder, Manslaughter and Assault Causing Death’ and reads as follows:

428E Intoxication in Relation to Murder, Manslaughter and Assault Causing Death

(1) If evidence of intoxication at the time of the relevant conduct results in a person being acquitted of murder:

(a) in the case of intoxication that was self-induced–evidence of that intoxication can

not be taken into account in determining whether the person had the requisite mens rea for manslaughter or for an offence under section 25A, or

(b) in the case of intoxication that was not self-induced–evidence of that intoxication may be taken into account in determining whether the person had the requisite mens rea for manslaughter or for an offence under section 25A.

(2) An offence under section 25A is not an offence of specific intent for the purposes of this Part.

Why Sydney Criminal Lawyers®?

Being charged with Intoxication in Relation to Murder, Manslaughter and Assault Causing Death 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.

At Sydney Criminal Lawyers®, our lawyers are experts in the field of criminal and traffic law.

Our unparalleled knowledge of the law, coupled with years of experience fighting some of the most difficult criminal cases puts our clients at a leading advantage when it comes to securing a positive outcome in your case.

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.