Anastasia Qvist is an outstanding lawyer. My criminal law situation (family violence order) was difficult, complex and Ana's diligence saved me as I was going through the most difficult period of my life. Ana is down to earth, commonsense and she even kept our costs to a minimum. She is a skilled litigator and knows the ins and outs of the ACT Magistrates Court. She dealt skillfully with the DPP and is an excellent negotiator. You will get a fair representation and she genuinely cares about her clients. She has my complete recommendation. The lady goes to bat for her clients.
I would strongly recommend Anastasia to anyone who is seeking legal representation. As a first-time offender who was charged with a Level 2 Drink Driving offence, she walked me through every step of the matter and was very upfront and clear on all aspects of my case. She was always accessible when I needed advice. Her approach and advice were excellent. Under her representation, I received the best possible outcome and managed to avoid a criminal conviction. She was a pleasure to deal with throughout the whole matter.
Anastasia Qvist was very professional and helpful in every step of my matter. I got a very good outcome and I can’t thank you enough for your hard work and the Armstrong Legal team in Canberra. I would highly recommend her!!!
Throughout Angela has been the consummate professional. She maintained a calm, yet strong demeanour remained informative and completely open in her communication and took complete ownership of the situation. We felt confident we finally had an advocate to steer us out of the nightmare we were in, and she did so with great respect and sincerity. I cannot speak more highly of Angela. She has literally rescued our family from what looked very much like a hopeless future.
Words can’t describe how grateful I am to Trudie Cameron being my solicitor and to Andrew Tiedt presenting my case in the court. They both have been very supportive and amazingly professional and effective. I’ve got an absolutely fantastic outcome I couldn’t even dream about.
Soon after meeting Andrew I knew he was the solicitor I wanted to handle my matter. He immediately sprang into action which brought me stability and hope during a tumultuous time in my life. Andrew was never afraid to give me straight answers to my tough questions which is a true mark of integrity. He is clearly at ease in the court environment and I believe his calm and measured demeanour went a long way to helping me secure the best result from my day in court. I would certainly recommend you approach Andrew if you need assistance.
"Andrew Tiedt was very professional and considerate to personal circumstances and gave sound advice that resulted in the best outcome possible. Highly recommended."
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:
- Amphetamine; and,
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
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?
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