Introducing a Drug of Dependence into the Body of Another Person


In Victoria, the maximum penalty for the Introduction of a Drug of Dependence into the Body of Another Person under section 74 of the Drugs, Poisons and Controlled Substances Act 1981, is a fine of up to 30 penalty units and/or one year imprisonment.

The Offence of Introduction of a Drug of Dependence into the Body of Another Person

The Offence of Introduction of a Drug of Dependence into the Body of Another Person is contained in section 74 of the Drugs, Poisons and Controlled Substances Act 1981 which states:

‘A person who, without being authorised by or licenced under this Act or the regulations or the Access to Medicinal Cannabis Act 2016 or the regulations under that Act to do so, introduces or attempts to introduce a drug of dependence into the body of another person is guilty of an offence against this Act’.

What is a Drug of Dependence?

A ‘drug of dependence’ is listed in Schedule 11 to the Drugs, Poisons and Controlled Substances Act 1981. The definition includes any form of drug listed in the Schedule, as well as the salts, analogues, derivatives and isomers of that drug. In addition, a drug in the same class as one listed in the Schedule or contained in or mixed with another substance would also be considered a drug of dependence under section 74.

Examples of a drug of dependence include:

  • Cannabis;
  • Amphetamine; and,
  • Cocaine.

What Actions Might Constitute Introduction of a Drug of Dependence into the Body of Another Person?

  • Injecting another person with heroin;
  • Using a vaporiser to cause another person to inhale cannabis; and,
  • Spiking another person’s drink with a MDMA capsule.

What the Police Must Prove

To convict you of Introduction of a Drug of Dependence into the Body of Another Person, the prosecution must prove each of the following elements beyond a reasonable doubt:

  • You introduced a prohibited substance into the body of another person; and,
  • You did so with a drug of dependence

Possible Defences for Introduction of a Drug of Dependence into the Body of Another Person

Possible defences to a charge of Introduction of a Drug of Dependence into the Body of Another Person are:

  • You are licenced or authorized to administer the drug under the Access to Medicinal Cannabis Act 2016;
  • You were acting in accordance with a licence or permit granted by the Secretary of the Department of Health and Human Services if you are, for example, a registered health practitioner;
  • You are a person who:
    • Has the care of, or is assisting in the care of, another person for or to whom the prohibited drug has been lawfully prescribed or supplied, and
    • Administers the drug to the other person solely in accordance with the prescription or supply;
  • Factual dispute/lack of intent; or
  • Duress.

Which Court Will Hear Your Matter?

This charge will be heard in the Magistrates’ Court of Victoria.

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.

WHERE TO NEXT?

If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in criminal law and will be able to guide you through the process while dealing with the various authorities related to your matter.

WHY CHOOSE ARMSTRONG LEGAL?

Armstrong Legal
Social Rating
4.5
Based on 273 reviews
×
Legal Hotline.
Open 7am - Midnight, 7 Days
Call 1300 038 223