Section 28 - Criminal liability of an intoxicated person

(1) Except as provided in this section, intoxication is not a defence to a criminal charge.

(2) Intoxication is a defence to a criminal charge if by reason of the intoxication the person charged, at the time of the act complained of, did not know that the act was wrong or did not know what that person was doing and

(a) the state of intoxication was caused without the consent of that person 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 the act.

(3) Where the defence under subsection (2) is established, then

(a) in a case falling under paragraph (a), the accused person shall be discharged, and

(b) in a case falling under paragraph (b), the special verdict provided for by the Criminal and Other Offences (Procedure) Act, 1960 (Act 30) in the case of insanity shall apply.

(4) Intoxication shall be taken into account for the purpose of determining whether the person charged had formed an intention, specific or otherwise, in the absence of which the person charged would not be guilty of the criminal offence.

(5) For the purposes of this section “intoxication” includes a state produced by narcotics or drugs.