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Using an Intoxicating Substance to Commit an Indictable Offence is a crime under Section 38 of the Crimes Act 1900 which carries a maximum penalty of 25 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
An ‘intoxicating substance’ includes alcohol or narcotic drugs, or any other substance that affects senses or understanding.
‘Indictable offence’ are those that can be referred to a higher court such as the district or supreme court.
They normally carry maximum penalties of more 2 years in prison and include larceny (stealing), fraud, assaults causing harm and drug supply.
Defences to the charge include:
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