The Code provisions on intoxication distinguish between “self induced intoxication” and states of intoxication which occur involuntarily or as a result of fraud, sudden or extraordinary emergency, accident, reasonable mistake, duress or force. Self-induced intoxication cannot provide a foundation for a plea that conduct was involuntary: 4.2 Voluntariness. When fault elements are in issue, the Code requires evidence of intoxication to be disregarded in certain circumstances: Part 2.3 Circumstances in which there is no Criminal Responsibility; Division 8 - Intoxication. These provisions apply to all Commonwealth offences from 13 April 1998 whether or not the remaining provisions of Chapter 2 apply.3
The intoxication provisions are conceptually linked to the remainder of Chapter 2. Since the intoxication provisions extend to any federal offence committed after 13 April 1998, even if the remainder of Chapter 2 does not apply, a transitional provision was necessary. The transitional phase is relatively short, since Chapter 2 applies, as a whole, to all federal offences after December 15 2001 If an issue involving intoxication arises in an offence committed in the period between 13 April 1998 and 15 December 2001, and the offence is not subject to Chapter 2, it is nevertheless permissible to take into account any of the general principles to the extent necessary to enable application of the intoxication provisions.
