– section 74 of the Drugs, Poisons and Controlled Substances Act 1981
Introduction of a Drug of Dependence into the Body of Another Person is when you put drugs into another person’s body (i.e. orally or intravenously).
Examples of Introduction of a Drug of Dependence into the Body of Another Person
- A man shoots heroin into his friend's arm.
- A girl puts an MDMA tablet into another girl’s mouth at a festival.
What are some of the possible defences to a charge of Introduction of a Drug of Dependence into the Body of Another Person?
- 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 and Court that deals with this charge
The maximum penalty for this offence is a fine of 30 penalty units or level 8 imprisonment (1 year), or both.
The introduction of a drug of dependence into the body of another person is the sort of charge heard in the Magistrates' Court.
“Did you administer drugs to someone else?”
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.
Legislation
The section that covers this offence is section 74 of the Drugs, Poisons and Controlled Substances Act 1981.1
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.
[1] Drugs, Poisons and Controlled Substances Act 1981 – Section 74