Inquiry into Criminal Liability for Actions Performed in a State of Self-induced Intoxication

Terms of Reference

The Governor in Council, acting under section 4F(1) of the Parliamentary Committees Act 1968 and on the recommendation of the Attorney-General, by this Order requires the Law Reform Committee to inquire into, consider and report to the Parliament on the following matters:

  1. The criminal liability of persons for actions performed while in a state of self-induced intoxication.
  2. Whether it is desirable that the decision of the High Court of Australia in The Queen v. O’Connor (1980) 146 C.L.R. 64 continues to state the law in Victoria.
  3. Whether it is desirable to introduce an offence of committing a dangerous act while grossly intoxicated.

In conducting the Inquiry the Committee is to have regard to:

  1. The report of the Law Reform Commission of Victoria on Criminal Responsibility: Intention and Gross Intoxication (November 1986).
  2. The report of the Criminal Law Officers of the Standing Committee of Attorneys-General on the Model Criminal Code: Chapter 2—General Principles of Criminal Responsibility (December 1992).
  3. The report of the New South Wales Law Reform Commission on Partial Defences to Murder: Diminished Responsibility (May 1997).
  4. The report of the English Law Commission on Legislating the Criminal Code: Intoxication and Criminal Liability (February 1995).
  5. Recent Australian legislation abrogating the decision in O’Connor.
  6. Such other legislation, case law, reports and materials as are relevant to the Inquiry.

The Committee is requested to make its final report to the Parliament by the first day of the Autumn 1999 Parliamentary Sittings.

Dated: 12 May 1998

Responsible Minister:
JAN WADE, MP
Attorney-General

Last Updated on Monday, 22 August 2011