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Using Poison to Injure or Cause Distress or Pain

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:

  1. You administered to another, or caused another to take, a poison or an intoxicating, destructive or noxious substance, and
  2. You intended by doing so to injure or cause distress or pain to the other person

An ‘intoxicating substance’ includes alcohol, narcotic drugs and any other substance that affects senses or understanding.

Defences to the charge include:

  1. Self-defence
  2. Duress
  3. Necessity

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