Tuesday, November 17, 2009

High Court of Australia - on drinking and other disinhibiting substances

Er ... is the High Court approving the use of "disinhibiting" substances other than alcohol? If it is a matter of individual responsibility for alcohol, why is it not a matter of personal responsibility for any other disinhibiting substance?

Almost all societies reveal a propensity to resort to alcohol or some other disinhibiting substance for purposes of relaxation. Now some drinkers are afflicted by the disease of alcoholism, some have other health problems which alcohol caused or exacerbates, and some behave badly after drinking. But it is a matter of personal decision and individual responsibility how each particular drinker deals with these difficulties and dangers. Balancing the pleasures of drinking with the importance of minimising the harm that may flow to a drinker is also a matter of personal decision and individual responsibility. It is a matter more fairly to be placed on the drinker than the seller of drink.(C.A.L. No 14 Pty Ltd v Motor Accidents Insurance Board; C.A.L. No 14 Pty Ltd v Scott [2009] HCA 47 (10 November 2009) at [54] per Gummow, Heydon and Crennan JJ)

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