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Using an Intoxicating Substance to Commit an Indictable Offence

Drug Offences – NSW

Welcome to the NSW Using an intoxicating substance to commit an indictable offence article page. Everything you need to know about Using an intoxicating substance to commit an indictable offence according to NSW law – Dated: 31/01/2011
 

What the Law States according to NSW Law for Using an intoxicating substance to commit an indictable offence

According to NSW Law for the charge of Using an intoxicating substance to commit an indictable offence,

On the police facts sheet and the court attendance notice that you may have received you will have a reference to the law part and a short description of offence. These references help the court and the legal profession to identify the exact offence you have been charged with. The law part and short description for this offence are set out in the table below:

Law Part Short Description
65022 Use intoxicating substance to commit indictable offence-SI
65023 Cause to take intoxicating substance to commit indictable offence-SI

 

The Maximum Penalty – Using an intoxicating substance to commit an indictable offence

According to NSW Law for the charge of 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.

In NSW, a court can impose any of the following penalties for a using an intoxicating substance to commit an indictable offence charge.

  • Section 10: Indecent Assault proven but dismissed
  • Fine
  • Good behaviour bond
  • Community service order (CSO)
  • Suspended sentence
  • Intensive correction order (previously periodic detention)
  • Home detention
  • Prison sentence

You’ll find a brief description of each of these penalties at the bottom of this page.

Likely Penalty

District Court
Based on our experience and statistics from the Judicial Commission of New South Wales we believe that the penalty in a case that is within the mid range of seriousness for the offence of using an intoxicating substance to commit an indictable offence, if heard in the District Court is likely to be imprisonment for a period of 9 years.
 

What the Police must prove according to NSW Law for Using an intoxicating substance to commit an indictable offence

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:

  • You administered to the victim, or caused to be taken, an intoxicating substance
  • 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 offence.
 

Possible Defences under NSW Law – Using an intoxicating substance to commit an indictable offence

Possible defences to a using an intoxicating substance to commit an indictable offence charge include but are not limited to:

  • Duress
  • Necessity
  • Self Defence

 

In NSW which court will hear the matter – Using an intoxicating substance to commit an indictable offence

This matter is strictly indictable which means that it can only be finalised in the District Court.


Section 10 for a using an intoxicating substance to commit an indictable offence charge: avoiding a criminal record. Normally, when you plead guilty to a criminal offence, the court imposes a penalty and records a conviction. If the court records a conviction, you will have a criminal record. However, if we can convince the court not to convict you, there will be no penalty of any type and no criminal record. In all criminal cases, the court has the discretion not to convict you, but to give you a Section 10 dismissal instead.

Fines for a using an intoxicating substance to commit an indictable offence charge: When deciding the amount of a fine for a using an intoxicating substance to commit an indictable offence charge the magistrate or judge should consider your financial situation and your ability to pay any fine they set.

Good behaviour bond for a using an intoxicating substance to commit an indictable offence charge: This is an order of the court that requires you to be of good behaviour for a specified period of time. The court will impose conditions that you will have to obey during the term of the good behaviour bond. The maximum duration of a good behaviour bond is five years.

Community service order for a using an intoxicating substance to commit an indictable offence charge (CSO): This involves either unpaid work in the community at a place specified by probation and parole or attendance at a centre to undertake a course, such as anger management. In order to be eligible for a CSO you have to be assessed by an officer of the probation service as suitable to undertake the order.

Suspended sentence for a using an intoxicating substance to commit an indictable offence charge: This is a jail sentence that is suspended upon you entering into a good behaviour bond. Provided the terms of the good behaviour bond are obeyed the jail sentence will not come into effect. A suspended sentence is only available for sentences of imprisonment of up to two years.

Periodic detention for a using an intoxicating substance to commit an indictable offence charge (commonly known as weekend detention): This form of imprisonment ceased to be a sentencing option in October 2010.

Intensive correction order for a using an intoxicating substance to commit an indictable offence charge (ICO): This option has replaced periodic detention. The court can order you to comply with a number of conditions, such as attending counselling or treatment, not consuming alcohol, complying with a curfew and performing community service.

Jail for a using an intoxicating substance to commit an indictable offence charge: This is the most serious penalty for a using an intoxicating substance to commit an indictable offence charge and involves full time detention in a correctional facility.

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