Going to Court? Book Your Free First Appointment

Using an Intoxicating Substance to Commit an Indictable Offence

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:

  1. You administered an intoxicating substance to another person, or otherwise caused another to take such a substance, and
  2. You intended by doing so to enable yourself, or another person, to commit an indictable offence

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:

  1. Self Defence
  2. Duress, and
  3. Necessity

What Our Clients Say SEE ALL

  • ★★★★★

    Honest and respectable Lawyer

    Big thank you to Jason in helping me through my recent case. A great professional,…

  • ★★★★★

    Very professional and got the best result!

    Very professional and got the best result! Would definitely recommend if you want the best…

  • ★★★★★

    Professionalism, expertise and timeless

    The professionalism, expertise and timeless effort shown by Karina was second to none. Exceptional service…

  • ★★★★★

    Professional and can do attitude

    Couldn’t be happier with the outcome I received from Jason and the team at Sydney…

Going to Court? Call For Your Free First Appointment