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The Meaning Of ''Intoxication'' In Australian Criminal Cases: Origins And Operation, Julia Quilter, Luke J. Mcnamara

Faculty of Law, Humanities and the Arts - Papers (Archive)

Although alcohol and drug use features prominently in many areas of criminal offending, there has been limited investigation of how the effects of alcohol and other drugs are treated by criminal laws and the criminal justice system. This article examines the framing of judicial inquiries about ''intoxication'' in criminal cases in Australia. It illustrates the diverse types of evidence that may (or may not) be available to judges and juries when faced with the task of determining whether a person was relevantly ''intoxicated.'' It shows that in the absence of legislative guidance on how the task should be approached, courts …