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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

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