Have you been charged with ‘Offence to Administer Certain Substances’?
If so, it is vital to engage the services of a specialist criminal lawyer.
This is a serious charge, and there are several questions you should consider before proceeding further, such as: Did you administer a substance to the victim? Did you have an excuse for doing so? Were you aware the substance could interfere with the victim’s bodily functions? Did the victim consent?
These are just some of the questions that need to be considered before telling the Court whether you intend to plead guilty or not guilty. Consultation with an experienced lawyer is very important.
Read below for more information on Offence to Administer Certain Substances.
Elements of the offence
Section 19 of the Crimes Act 1958.
The prosecution must prove:
The defendant administered or caused to be taken by another person a particular substance;
The defendant did so without lawful excuse;
The substance was one which was capable in the circumstances of interfering substantially with the bodily functions of the other person;
The defendant knew that capability of the substance;
The other person had not consented to such administration or taking; and
The defendant either:
Knew that the other person had not consented; or
Was reckless as to the existence of such consent.
The maximum penalty
Level 6 imprisonment being a maximum of 5 years.
Where will my case be heard?
The Offence to Administer Certain Substances will usually be heard in the Magistrates’ Court of Victoria.
Questions to consider
Do you have a defence?
If you are pleading guilty, what can you do to minimise your sentence? Depending on the context of the administration of the substance, a defence may be available. Consult a specialist criminal lawyer before proceeding further.
What to do next?
See an experienced criminal lawyer urgently.
Preparation in relation to any matter is critical. Ensure that you don’t leave it to the last minute.
If you have been charged with the Offence of Administering Certain Substances make an appointment today to see one of our specialist lawyers.
The legislation
Section 19 Offence to administer certain substances
(1) A person who—
(a) without lawful excuse, administers to or causes to be taken by another person any substance which is capable, and which the first-mentioned person knows is capable, in the circumstances, of interfering substantially with the bodily functions of the other person; and
(b) knows that the other person has not consented to the administration or taking of the substance or is reckless as to whether or not the other person has so consented—
is guilty of an indictable offence.
Penalty: Level 6 imprisonment (5 years maximum).
(2) For the purposes of sub-section (1)—
(a) a person is not to be taken to have consented to the administration or taking of a substance if, had the person known the likely consequences, the person would not be likely to have consented to the administration or taking; and
(b) a substance shall be taken to interfere substantially with bodily functions if the substance is capable of inducing unconsciousness or sleep.
