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Use Chloroform To Commit an Offence
The Law
Section 38 of Crimes Act 1900 states:
Whosoever unlawfully applies or administers to, or causes to be taken by, or attempts to apply or administer to, or cause to be taken by, any person, any chloroform, laudanum or other stupefying or over-powering drug or thing, with intent in any such case to enable himself or herself, or another person, to commit, or with intent to assist another person in committing, an indictable offence, shall be liable to imprisonment for 25 years.
Maximum penalty
The Maximum penalty for the offence of Using Chloroform to Commit an Offence is 25 years imprisonment.
What the police must prove
In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.
- The accused unlawfully applied, administered, caused to be taken or attempted so to do a substance.
- Which was chloroform, laudanum, stupefying drug or thing, or an overpowering drug or thing to a person.
- The accused intended to enable himself or some other person to commit an indictable offence or intended to assist another person to commit an indictable offence.
It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence.
Possible defences against the charge of using chloroform to commit an offence
Possible defences to this offence include but are not limited to
What court is likely to hear the matter
This matter is strictly indictable which means that it can only be finalised in the District Court.
Disclaimer
The information contained in this page was accurate at the time it was published. You should confirm the accuracy of this information with us or another solicitor before relying upon it. For free confirmation please contact Armstrong Legal.
It is most important that you understand that each criminal case is different. While the material in this page is intended to be relevant to the majority of cases, it may not apply to every case.
Phone: 02 9261 4555 Accredited Specialists in Criminal Law & Quality Endorsed Legal Practice - Law 9000 (based on ISO 9001).
