It was recently reported that, in response to ‘the soaring incidence of alcohol-related violence across Sydney’, the New South Wales government is considering changes to the liquor laws and also to the criminal law of intoxication. Specifically, all pubs, clubs and bottle shops would have to close at 2 am. The report also said the changes would remove intoxication as a defence or a mitigating factor in crime – particularly assaults. Instead, drunkenness would become an ‘aggravating factor’ in sentencing. This paper looks at current arrangements and options for change.