Going to Court? Book Your Free First Appointment

Saved Pages

Save pages and articles you’re most interested in to read later on.


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

  • ★★★★★

    Professional attitude

    Sydney Criminal lawyer’s Tuan Phan comes highly recommended by myself for his professional attitude and…

  • ★★★★★

    I can’t thank Tuan enough

    I just want to express my gratitude to Tuan Phan for representing my daughter in…

  • ★★★★★

    Sydney Criminal Lawyers helped me achieve the best possible outcome when my previous law firm could not

    Sydney Criminal Lawyers helped me achieve the best possible outcome when my previous law firm…

  • ★★★★★

    Communication was clear and professional

    Fahim Khan of Sydney Criminal Lawyers recently represented my partner. His communication was clear and…

Going to Court? Call For Your Free First Appointment

Main Menu

Follow Us

Search Our Site enter search term and press GO

Saved Articles & Pages

APPOINTMENT BOOKING FORM * mandatory fields

Preferred date for conference
Preferred time for conference
Briefly describe your situation:
Do you have a court date?

Your Review & Rating * mandatory fields

Review Text *
Rating (optional)