Penalty for Give etc Drink/Food Contain Intoxicating Substance to Harm | Section 38A(2) Crimes Act NSW


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The maximum penalty for the offence of “give, etc drink/food contain intoxicating substance to harm”

According to the Judicial Commission of NSW, the actual penalties imposed for the offence are as follows:

Local Court

Section 38A(2) give, etc drink/food contain intoxicating substance to harm

  • Community Service Order (now community correction order): 50%
  • ICO: 50%

The average prison sentence for the offence is 0 months imprisonment, and the average non-parole period (or minimum prison term that must be served) is 0 months in prison.