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Using Poison to Injure or Cause Distress or Pain is an offence under Section 41 of the Crimes Act 1900 which carries a maximum penalty of 5 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
An ‘intoxicating substance’ includes alcohol, narcotic drugs and any other substance that affects senses or understanding.
Defences to the charge include:
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