Section 38 — Crimes Act 1900 (NSW)

Using intoxicating substance to commit an indictable offence

A person who—
(a) administers an intoxicating substance to another person, or
(b) causes another person to take an intoxicating substance,
with intent to enable himself or herself, or to assist a third person, to commit an indictable offence is guilty of an offence.
Maximum penalty—Imprisonment for 25 years.

Sourced from the New South Wales Legislation website at 8 June 2026. For the latest information on New South Wales Government legislation please go to https://www.legislation.nsw.gov.au. Verify the current text against the official source before relying on it.

Related sections

s 35 — Reckless grievous bodily harm or wounding
s 35A — Causing dog to inflict grievous bodily harm or actual bodily harm
s 37 — Choking, suffocation and strangulation
s 38A — Spiking drink or food
s 39 — Using poison etc to endanger life or inflict grievous bodily harm
s 41 — Using poison etc to injure or to cause distress or pain

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