The increased prevalence of drink spiking in recent years has seen the law respond to public concerns by enacting laws against drink spiking.
Section 38A of the Crimes Act now contains an offence against drink spiking.
It says that it is against the law for you to give another person food or drink that contains an intoxicating substance that the other person is unaware of, where you do so with the intention of causing the other person harm.
It also says that it is against the law to give someone food or drink which contains more of an intoxicating substance than the other person would expect it to contain.
Examples of drink spiking include lacing another person’s drink with illegal drugs, or putting a large amount of alcohol in another person’s drink without their permission or knowledge.
The prosecution must also prove that you intended to cause the other person harm through your actions; for example, where you spike someone’s drink to make the more vulnerable or easy to take advantage of.
Drink spiking is treated seriously by the courts and carries a maximum penalty of 2 years’ imprisonment, and/or a fine of $1,100.
However, with the help of our highly experienced criminal lawyers, you can avoid these onerous penalties and get on with your life as soon as possible.
If you are going to court for Drink Spiking, call Sydney Criminal Lawyers 24/7 on (02) 9261 8881 to arrange a free first conference with an experienced defence lawyer who will advise you of your options and the best way forward, and fight to secure the optimal outcome.
Read on for more information.
Section 38A deals with the offence of “drink spiking” and reads as follows:
38A Spiking drink or food
(1) In this section:”harm” includes an impairment of the senses or understanding of a person that the person might reasonably be expected to object to in the circumstances. “Impair” includes further impair.
(2) A person:
(a) who causes another person to be given or to consume drink or food:
(i) containing an intoxicating substance that the other person is not aware it contains, or
(ii) containing more of an intoxicating substance than the other person would reasonably expect it to contain, and
(b) who intends a person to be harmed by the consumption of the drink or food,is guilty of an offence.
Maximum penalty: Imprisonment for 2 years or 100 penalty units, or both.
(3) For the purposes of this section, giving a person drink or food includes preparing the drink or food for the person or making it available for consumption by the person.
(4) A person does not commit an offence against this section if the person has reasonable cause to believe that each person who was likely to consume the drink or food would not have objected to consuming the drink or food if the person had been aware of the presence and quantity of the intoxicating substance in the drink or food.
(5) A person who uses an intoxicating substance in the course of any medical, dental or other health professional practice does not commit an offence against this section.
(6) An offence against this section is a summary offence.
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Proven Track Record of Exceptional Results
Sydney Criminal Lawyers® consistently achieves outcomes which are in the highest percentile of the Judicial Commission’s sentencing statistics for criminal cases.
Our legal team devises effective case-strategies and fights hard to have cases dropped entirely or charges downgraded – saving clients the time, expense and stress of a defended hearing or jury trial.
Where cases nevertheless proceed, our lawyers have an outstanding track record of winning defended Local Court hearings, and complex jury trials in the District and Supreme Courts.
We also consistently win appeals in the District and Supreme Courts (including the NSWCCA) after clients have received unsatisfactory results with other law firms in the lower courts.We are one of the few firms to achieve successful criminal law appeals in the High Court of Australia.
Where our clients wish to plead guilty, we frequently achieve ‘dismissals’ and ‘non convictions’ in cases where other lawyers have advised there is no chance of doing so.
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We have the best and most comprehensive client review record of any law firm in Australia.
Regular communication, accessibility and quality service are our team’s highest priorities.
We are committed to thoroughly explaining all steps involved in the criminal law process, providing regular updates throughout the proceedings, and making ourselves accessible and responsive.
We are passionate about providing an exceptional level of service to our clients, and we fight hard to achieve optimal results in the shortest period of time.
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We have received more awards and accolades than any other criminal law firm in Australia. Our team has been awarded “Criminal Defence Firm of the Year in Australia” in a number of prestigious and competitive awards programs for several years running.
The awards recognise our exceptional track record of results, our outstanding client service, the high level of satisfaction we achieve, the affordability of our services and our overall excellence.
We want our clients to know exactly how much their cases will cost from the very start. That’s why we were the first criminal law firm in Australia to publish ‘fixed fees’, back in 2004.
We offer fixed fees for most types of criminal cases and services.Our fixed fees apply to a range of Local Court cases such as drink driving, drug possession, fraud, common assault and AVOs, and also specific services such as prison visits, bail applications, appeals and defended hearings.
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For those who are going to court, we offer a free first conference of up to an hour with one of our Senior Criminal Defence Lawyers.
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And we offer fixed fees for most criminal and traffic law cases throughout the state.
Our entire firm is exclusively dedicated to criminal law – which makes us true specialists.
All of our lawyers have years of experience representing clients in criminal cases, and our principal has been certified by the Law Society of NSW as an Accredited Criminal Law Specialist since 2005.
An ‘Accredited Specialist’ is a lawyer who has practised for at least 5 years in a particular field of law (such as criminal law), has passed a rigorous assessment process conducted by the Law Society of NSW, and has been selected by the Specialist Accreditation Committee of the Law Society as an expert in the field.
Accredited Specialists are required to undertake more training each year than other lawyers and must be successful in having their accreditation renewed every year. Specialist Accreditation is the mark of a true specialist.
Our firm’s specialist experience ensures you receive the best possible result, whatever your criminal law case may be.
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Our team is passionate about achieving results, and unlike many other law firms, our lawyers do not have monthly financial ‘budgets’ to meet.
The absence of budgets means our lawyers are entirely focused on achieving optimal results in the shortest space of time; whether by getting charges dropped or downgraded at an early stage or having cases ‘thrown out of court’.
Not having budgets also means our lawyers are not under pressure to engage in unscrupulous practices such as unnecessarily adjourning cases or ‘overcharging’ clients – which, sadly, is a common complaint against many other lawyers and law firms.
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Our clients benefit from the pool of knowledge that only an extensive team of experienced criminal defence lawyers can provide.
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A team approach is particularly important when it comes to serious criminal cases such as murder, commercial drug cases, serious and sexual assaults, large-scale fraud, robbery and other ‘indictable’ cases.
In such matters, clients reap the benefits of several lawyers devising and executing case strategies which maximise the chances of having cases dropped or downgraded at an early stage, or ‘thrown out of court’ – often saving clients a great deal of cost, time and anxiety.
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If you are going to court and wish to arrange a free first consultation, call our 24 hour hotline on (02) 9261 8881 or send us an email at firstname.lastname@example.org.