Going to Court? Book Your Free First Appointment

Spiking Drink or Food

Spiking Drink or Food is an offence under Section 38A of the Crimes Act 1900 which carries a maximum penalty of 2 years in prison.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You caused another person to be given or consume drink or food
  2. That drink or food contained an intoxicating substance of which the other person was unaware, or contained more of an intoxicating substance than the other person would expect it to contain, and
  3. You intended the other person to be harmed by the substance

‘Harm’ includes includes any impairment of the senses or understanding which might reasonably be objected to in the circumstances.

‘Impairment’ includes to further impair.

Causing the drink or food to be given includes:

  1. Preparing it for the other person, or
  2. Making it available for the other person to consume

You are not guilty if you had reasonable cause to believe the other person would not have objected to consuming the drink or food if he or she had known of the presence and quantity of the intoxicating substance.

Using an intoxicating substance during dental, medical or other health professional practice is not an offence under the section.

Defences to the charge include:

  1. Self defence
  2. Duress, and
  3. Necessity

What Our Clients Say SEE ALL

  • ★★★★★

    I got the outcome I needed

    Thanks to Fred Coa I got the outcome I needed. He's an excellent insightful lawyer…

  • ★★★★★

    All 5 charges dismissed and not guilty

    After a long drawn out case and a difficult hearing Mr Fred Cao, well prepared…

  • ★★★★★

    The judge gave the best result of innocence

    在Fred的不懈坚持和斡旋下,检察官与警方最终在我的case上做出让步,最后法官也给了无罪的最好结果,同样的case发生在我朋友上就完全是不一样的结果,Fred的能力和责任心在这次问题的解决上完全体现了出来 With Fred’s perseverance and mediation, the prosecutor and the police finally made concessions on…

  • ★★★★★

    Went above and beyond to help me out

    10 months ago. Highly professional staff that went above and beyond to help me out.…

Going to Court? Call For Your Free First Appointment