Part II – International Crimes and Offences Against The Administration of Justice
General Principles of Criminal Law
19. General principles of criminal law.
(1) For the purposes of proceedings for an offence against section 7 or section 8 or section 9 –
(a) the following provisions of the Statute apply, with any necessary modifications –
(ix) article 31 (which specifies grounds for excluding criminal responsibility);
CHAPTER III—GENERAL RULES AS TO CRIMINAL RESPONSIBILITY.
12. Intoxication.
(1) Except as provided in this section, intoxication shall not constitute a defence to any criminal charge.
(2) Intoxication shall be 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 that the act or omission 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) the person charged was by reason of intoxication insane, temporarily or otherwise, at the time of such act or omission.
(3) Where the defence under subsection (2) is established, then in a case falling under subsection (2)
(a) the accused person shall be discharged; and in a case falling under subsection (2)(b), the provisions of the Magistrates Court Act relating to insanity shall apply.
(4) 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” shall be deemed to include a state produced 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;