Criminal Law Consolidation (Defences—Intoxication) Amendment Bill 2025 (SA)

South Australia Criminal Law Consolidation (Defences—Intoxication) Amendment Bill 2025 A Bill For An Act to amend the Criminal Law Consolidation Act 1935.

Contents Part 1—Preliminary 1 Short title 2 Commencement Part 2—Amendment of Criminal Law Consolidation Act 1935 3 Amendment of section 15—Self defence 4 Amendment of section 15A—Defence of property etc

The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Criminal Law Consolidation (Defences—Intoxication) Amendment Act 2025. 2—Commencement This Act comes into operation on a day to be fixed by proclamation.

Part 2—Amendment of Criminal Law Consolidation Act 1935 3—Amendment of section 15—Self defence (1) Section 15(2)—delete "It is" and substitute: Subject to subsection (2a), it is (2) Section 15—after subsection (2) insert: (2a) A defendant is not entitled to rely on a defence under subsection (2) in relation to a charge of murder if the prosecution proves beyond reasonable doubt that the genuine belief of the defendant, that the conduct to which the charge relates was necessary and reasonable for a defensive purpose, was substantially affected by the voluntary and non‑therapeutic consumption of a drug. Note— It may be that the genuine belief of a defendant is not substantially affected by the consumption of a drug where there is evidence of other matters substantially informing or affecting the belief (for example, if the offence occurred in circumstances of family violence—see section 15B(2)). (3) Section 15—after subsection (5) insert: (6) In this section— drug means alcohol or any other substance that is capable (either alone or in combination with other substances) of influencing mental functioning; non-therapeutic—consumption of a drug is to be considered non‑therapeutic unless— (a) the drug is prescribed by, and consumed in accordance with the directions of, a medical practitioner; or (b) the drug— (i) is a drug of a kind available, without prescription, from registered pharmacists; and (ii) is consumed for a purpose recommended by the manufacturer and in accordance with the manufacturer's instructions. 4—Amendment of section 15A—Defence of property etc (1) Section 15A(2)—delete "It is" and substitute: Subject to subsection (2a), it is (2) Section 15A—after subsection (2) insert: (2a) A defendant is not entitled to rely on a defence under subsection (2) in relation to a charge of murder if the prosecution proves beyond reasonable doubt that the genuine belief of the defendant, that the conduct to which the charge relates was necessary and reasonable for a purpose referred to in subsection (2)(a), was substantially affected by the voluntary and non‑therapeutic consumption of a drug. Note— It may be that the genuine belief of a defendant is not substantially affected by the consumption of a drug where there is evidence of other matters substantially informing or affecting the belief (for example, if the offence occurred in circumstances of family violence—see section 15B(2)). (3) Section 15A—after subsection (4) insert: (5) In this section— drug means alcohol or any other substance that is capable (either alone or in combination with other substances) of influencing mental functioning; non-therapeutic—consumption of a drug is to be considered non‑therapeutic unless— (a) the drug is prescribed by, and consumed in accordance with the directions of, a medical practitioner; or (b) the drug— (i) is a drug of a kind available, without prescription, from registered pharmacists; and (ii) is consumed for a purpose recommended by the manufacturer and in accordance with the manufacturer's instructions.