(a) to appreciate the nature of his or her conduct or that his or her conduct was unlawful; or (b) to act in accordance with an appreciation of the kind referred to in paragraph (a); is diminished on account of acute mental or emotional stress, or a partial mental disorder or defect, such diminished responsibility shall not be a defence to the crime, but a court convicting such person shall take it into account when imposing sentence upon him or her for the crime. (2) If the acute mental or emotional stress, or partial mental disorder or defect, is brought about through the person’s own fault, a court may regard such person’s responsibility as not having been diminished. (3) Where the capacity of a person to appreciate the nature or lawfulness of his or her conduct or to act in accordance with such an appreciation is affected by intoxication or provocation, Part IV or IX, as the case may be, shall apply to such person. (4) For the avoidance of doubt it is declared that where a mental disorder or defect is such as to negate rather than diminish the capacity of the person suffering from it to appreciate the nature or lawfulness of his or her conduct or to act in accordance with such an appreciation, the person shall be entitled to a complete defence in terms of section two hundred and twenty-seven. PART IV INTOXICATION 219 Interpretation in Part IV of Chapter XIV In this Part “intoxication” means intoxication resulting from the ingestion of any form of alcohol or drug; “involuntary intoxication” means intoxication that is not voluntarily self-induced; “voluntary intoxication” means intoxication which is voluntarily self-induced. 220 When involuntary intoxication a complete defence to crimes (1) The fact that a person charged with a crime was intoxicated when he or she did or omitted to do anything that is an essential element of the crime shall be a complete defence to the charge if (a) the person was involuntarily intoxicated when he or she did or omitted to do anything that is an essential element of the crime; and (b) in relation to a crime of which intention, knowledge or the realisation of a real risk or possibility is an element, the person was intoxicated to such an extent that he or she lacked the requisite intention, knowledge or realisation. (2) For the avoidance of doubt it is declared that involuntary intoxication shall be a complete defence to any crime of which negligence is an element. 221 Intoxication no defence to crimes committed with requisite state of mind (1) If a person charged with a crime requiring proof of intention, knowledge or the realisation of a real risk or possibility (a) was voluntarily or involuntarily intoxicated when he or she did or omitted to do anything which is an essential element of the crime; but (b) the effect of the intoxication was not such that he or she lacked the requisite intention, knowledge or realisation; such intoxication shall not be a defence to the crime, but the court may regard it as mitigatory when assessing the sentence to be imposed. (2) Where a person is charged with a crime requiring proof of negligence, the fact the person was voluntarily intoxicated when he or she did or omitted to do anything which is an essential element of the crime shall not be a defence to any such crime, nor shall the court regard it as mitigatory when assessing the sentence to be imposed. 222 Voluntary intoxication leading to unlawful conduct If a person charged with a crime requiring proof of intention, knowledge or the realisation of a real risk or possibility (hereafter in this section called “the crime originally charged”) and it is proved that (a) the accused was voluntarily intoxicated when he or she did or omitted to do anything which is an essential element of the crime originally charged; and (b) the effect of the intoxication was such that the accused lacked the requisite intention, knowledge or realisation; he or she shall be guilty of voluntary intoxication leading to unlawful conduct instead of the crime originally charged and liable to the same punishment as if (i) he or she had been found guilty of the crime originally charged; and (ii) intoxication had been assessed as a mitigatory circumstance in his or her case. 223 Intoxication facilitating the commission of crime (1) Notwithstanding any other provision of this Part, if a person