85. Intoxication when a defence
Feedback & supportLast amended by an amending law of 2021. 2 amendments in all.
Except as provided in this section and in section 86, intoxication shall not constitute a defence to any criminal charge.
Intoxication is 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 what he was doing; or
did not know that such act or omission was wrong,and the state of intoxication was caused without the knowledge or against the will of the person charged with the offence.
Subsection (2)(b) only applies if the person charged, at the time of the act or omission complained of, did not know that the act or omission —
was wrong by the ordinary standards of reasonable and honest persons; and
was wrong as contrary to law.
Intoxication is a defence to any criminal charge if by reason of the intoxication the person charged was of unsound mind as determined in accordance with section 84.