CHAPTER ONE
General Provisions
PART II
JUSTIFICATIONS AND EXCUSES
Intoxication
Intoxication, when an excuse
28.— (1) Except as provided in this section, intoxication does not constitute a defence to any criminal charge.
(2) Intoxication is a defence to a criminal charge if by any reason of the intoxication the person charged did not know at the time of the commission of the act that such act 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) he or she was by reason of intoxication mentally ill, whether temporarily or otherwise, at the time of the commission of such act.
(3) Where the defence —
(a) under subsection (2) (a) is established, the accused shall be discharged by the Court;
(b) under subsection (2) (b) is established, the provisions of this Code relating to mental disorder shall apply.
(4) Notwithstanding sections 56 and 57 of this Part, 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” includes a state produced or induced by narcotics or drugs.
1. In addition to other grounds for excluding criminal responsibility provided for in this Statute, a person shall not be criminally responsible if, at the time of that person's conduct:
(b) The person is in a state of intoxication that destroys that person's capacity to appreciate the unlawfulness or nature of his or her conduct, or capacity to control his or her conduct to conform to the requirements of law, unless the person has become voluntarily intoxicated under such circumstances that the person knew, or disregarded the risk, that, as a result of the intoxication, he or she was likely to engage in conduct constituting a crime within the jurisdiction of the Court;