Section 41 of the Crimes Act says that it is an offence to administer poison or an intoxicating substance to another person with the intention to injure them or cause distress or pain.
This is a less serious charge than ‘using poison to endanger life or inflict grievous bodily harm’ under section 39, which applies in cases where ‘really serious harm’ is suffered by another person due to the poisoning.
Rather, section 41 deals with situations where a lesser degree of harm is suffered by the other person in the form of pain or distress.
In these cases, the maximum penalty if you are found guilty is 5 years imprisonment.
Section 41 of the Crimes Act 1900, which deals with Using Poison etc to Injure or to Cause Distress or Pain, reads as follows:
41 Using Poison etc to Injure or to Cause Distress or Pain
A person is guilty of an offence if:
(a) the person administers to another person, or causes another person to take, any poison, intoxicating substance or other destructive or noxious thing, and
(b) the person intends to injure, or to cause distress or pain to, the other person.
Maximum penalty: Imprisonment for 5 years.
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However, it is always important to look at a firm’s experience and results when making this decision.
At Sydney Criminal Lawyers®, we have extensive experience defending and winning some of the most complex criminal matters – so you can rest assured that you are in safe hands.
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Where issues are found, our lawyers will write to the prosecution asking to have the charges dropped on this basis – often sparing our clients the considerable time and expense associated with defended hearings.
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We can assist you in avoiding the harsh penalties imposed by the law if you simply wish to plead guilty – in these cases, our experienced advocates can prepare and present compelling sentencing submissions which focus on any positive factors of your case.
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