This article was written by Michelle Makela - Legal Practice Director
Michelle has over 15 years experience in the legal industry, working across commercial litigation, criminal law, family law and estate planning. Michelle has been involved in all practice areas of the firm and in her personal practice has had experience in litigation at all levels (State and Federal Industrial Tribunals, the Supreme Court, Court of Appeal, the Federal Court, Federal...
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 imprisonment for one year.
The Offence of Introducing a Drug of Dependence into the Body of Another Person
The offence of introducing 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;
- Amphetamines;
- Ecstacy;
- Heroin;
- Ice;
- Cocaine.
What Actions Might Constitute Introduction of a Drug of Dependence into the Body of Another Person?
A person may be charged with this offence based on allegations that they:
- Injected another person with heroin;
- Used a vaporiser to cause another person to inhale cannabis;
- Spiked another person’s drink with an MDMA capsule.
What the Police Must Prove
To convict a person of introducing a drug of dependence into the body of another person, the prosecution must prove each of the following elements beyond a reasonable doubt:
- They introduced a prohibited substance into the body of another person; and,
- They did so with a drug of dependence
Possible Defences for Introducing a Drug of Dependence into the Body of Another Person
Possible defences to a charge of introducing a drug of dependence into the body of another person are:
- They are licenced or authorized to administer the drug under the Access to Medicinal Cannabis Act 2016;
- They 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;
- They 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;
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.