Introduction of a Drug of Dependence Into the Body of Another Person

Police Interview

The Police interview is for the purpose of eliciting admissions from you. The Police will question you in different ways to try and have you admit to introducing a drug into someone else’s body. You may answer a question you think is innocent or that you are just being truthful, but the answer may be used in a way that you don’ expect. It is important that if you are asked to attend a Police interview you seek legal advice from one of our lawyers first. We can explain the process to you in detail and give you advise on what you should or should not say at the interview based on your circumstances. We can attend with you if you require support.

Pleading Not Guilty

Our lawyers are experienced in dealing with the Court, Prosecution and witnesses. There may be evidence that has been overlooked or other evidence we can uncover that supports a defence to the charge. We will make sure the Police investigation has been fair and that the Police have followed every lead and interviewed all appropriate witnesses. We have in-house counsel and accredited criminal law specialists who can attend Court and fight the charges for you. They can work with you on your case as soon as you engage us as your lawyers. Most firms cannot offer this level of expertise. Our lawyers secure not-guilty verdicts all the time and know how to persuade the Court and juries.

Pleading Guilty

There may be significant surrounding circumstances around your offending that can help explain to the Court why you did what you did. We know what is and is not helpful when making a plea. We will make sure the Court knows about your positive characteristics and your life story, not just the negative impression that initially comes out of the police summary. Our lawyers can advise you what the best way forward is. If that is making a plea and accepting responsibility based on the evidence, then we will ensure you receive the fairest possible penalty.

Which court will the case be heard in?

The introduction of a drug of dependence into the body of another person is the sort of charge heard in the Magistrates’ Court.

What is the legal definition of Introduction of a Drug of Dependence into the Body of Another Person?

A person introduces or attempts to introduce a drug into another person’s body.

“Did you administer drugs to someone else?”

Legislation

The section that covers this offence is section 74 of the Drugs, Poisons and Controlled Substances Act 1981.

Defences

• You did not give anyone drugs.
• You are legally authorised to administer the drug and the administration was lawful.

There are other possible defences, depending on the circumstances surrounding the alleged offending. Each matter is unique and requires an individual approach and strategy.

Questions in cases like this

• Did you put drugs into someone else’s body?
• Can they prove you gave someone else drugs?

Maximum penalty for section 74 of the Drugs, Poisons and Controlled Substances Act 1981

The maximum penalty for Introduction of a Drug of Dependence Into the Body (s74 of the Drugs, Poisons and Controlled Substances Act 1981) is a fine of 30 penalty units or level 8 imprisonment (1 year), or both.

What can you be sentenced to for this charge?

Depending on the circumstances of your case, i.e. the amount of force you used in giving the other person the drug, and whether the other person asked you to give them the drug, your sentence will vary. In serious cases you may get a prison sentence and in less serious cases you will get a fine or a Community Corrections Order.