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Penalty for Use Intoxicating Substance to Commit Indictable Offence | Section 38 Crimes Act NSW

The maximum penalty for the offence of “use intoxicating substance to commit indictable offence” is 25 years in prison.

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

  • Prison: 100%

The average prison sentence for the offence is 4 years imprisonment, and the average non-parole period (or minimum prison term that must be served) is 3 years in prison.

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