Using an intoxicating substance to commit an indictable offence

The maximum penalty for the charge of using an intoxicating substance to commit an indictable offence (Section 38 of the Crimes Act) is 25 years imprisonment.

What the Prosecution must prove

To convict you of a using an intoxicating substance to commit an indictable offence charge, the police must prove each of the following matters beyond a reasonable doubt:

1. You administered to the victim, or caused to be taken, an intoxicating substance
2. You intended to enable yourself to commit an indictable offence or intended to assist another person to commit an indictable offence.

They will also need to prove that you were the person who committed the using an intoxicating substance to commit an indictable offence.

Penalties

The court can impose any of the following penalties:

• Section 10 Crimes (Sentencing Procedure) Act-charge found proven but dismissed.
• Community Service Order.
• Intensive Correction Order (previously known as periodic detention)
• Fine
• Good Behaviour bond.
• Suspended sentence
• Home detention
• Prison Sentence

The likely penalty based on NSW Judicial Commission Statistics for an offence of this nature in the mid- range of seriousness if heard in the District Court is likely to be imprisonment for a period of 9 years.

The matter is strictly indictable, meaning that it can only be finalised in the District Court.