Have You Been Charged with Administering Certain Substances?
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Administering Certain Substances
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Riot
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Intentionally Causing a Very Serious Disease
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Carjacking
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Aggravated Carjacking
What Does It Mean to Be Charged with Administering Certain Substances?
Being charged with administering certain substances under Section 19 of the Crimes Act 1958 is a serious offence. This offence occurs when a person administers or causes another person to take a substance that could interfere substantially with their bodily functions, knowing the effect of the substance and without the person’s consent or being reckless as to whether consent was given.
What does an offence like this look like?
- Administering or Causing a Person to Take a Substance: The person must have taken action that directly caused another person to take the substance.
- Interference with Bodily Functions: The substance administered must be capable of substantially affecting the person’s bodily functions.
- Consent: The person must not have consented, or the defendant must have been reckless as to whether consent was given.
- No Lawful Excuse: The defendant must have acted without lawful justification.
What the Prosecution Must Prove:
To convict you, the prosecution must establish the following:
- You administered or caused the person to take a substance.
- The substance had the potential to interfere substantially with the person’s bodily functions.
- You knew or were reckless about the substance’s effects.
- The person did not consent to the administration of the substance.
If the prosecution cannot establish all elements of the offence beyond a reasonable doubt, you are not guilty.
Given the severity of this offence, it is important to consult one of our lawyers at MK Law to tailor a defence strategy specific to your circumstances.
Penalties Relating to Administering Certain Substances:
Administering a substance without consent can result in severe penalties, including imprisonment. This offence carries a Level 6 penalty with a maximum term of imprisonment of up to 5 years.
Other penalties may include:
- Diversion programs (for first-time offenders or those with mental health issues),
- Community corrections orders, or
- Financial fines.
Where Will My Case Be Heard?
The charge of administering certain substances is typically dealt with in the Magistrates’ Court of Victoria. However, depending on the case’s seriousness, it may be escalated to a higher court.
Questions to Consider Before Pleading Guilty or Not Guilty:
When considering how to approach your case, it is essential to weigh the following points:
- Does the prosecution have a strong case against me?
- Should I plead guilty or contest the charge?
- Did I administer a substance?
- Did I know the substance could interfere with bodily functions?
- Did the person consent to the act?
- Do I have a lawful reason to justify administering the substance?
- What evidence can I rely on in my defence (e.g., alibi, witness statements)?
What are some defences to consider?
If you are pleading not guilty, the following defences may be available, depending on the context of the case:
- The prosecution cannot establish all elements of the offence.
- You did not administer or cause the person to take the substance.
- The substance did not interfere substantially with the person’s bodily functions.
- The victim consented (if this can be proven).
- Duress (you were forced to act under threat or in an emergency situation).
- Mistaken identity (you were not the person who administered the substance).
Factors and Defences to Consider:
- The nature of the substance: Was it capable of interfering with the person’s bodily functions? Did you know this at the time?
- The victim’s state: Was the person capable of consenting at the time the substance was administered?
- The circumstances surrounding the event: Did you act in a way that would justify the administration (e.g., in an emergency)?
- Witness testimony: Are there any discrepancies in witness accounts or evidence that could work in your favour?
-
Aggravated Assault
-
Wilful Damage
-
Common Assault
-
Public Display of a Nazi Symbol or the Nazi Salute
-
Harassing a Witness
-
Recklessly Causing Serious Injury In Circumstances Of Gross Violence
-
Affray Charges In Victoria
-
Intentionally Causing Serious Injury in Circumstances of Gross Violence
-
Intentionally causing Serious Injury
-
Recklessly Causing Serious Injury
-
Intentionally Causing Injury
-
Administering Certain Substances
-
Threats to Kill and Assault Offences
-
Stalking
-
Negligently Causing Serious Injury
-
Extortion With Threat to Kill
-
Extortion, With Threats to Destroy and/or Endanger Property
-
Threatening to Prevent Arrest
-
Using a Firearm in the Commission of an Offence
-
Being Armed with Criminal Intent
-
Kidnapping
-
Robbery
-
Armed Robbery
-
Aggravated Burglary
-
Home Invasion
-
Aggravated Home Invasion
-
Arson
-
Criminal Damage
-
False Imprisonment
-
Public Nuisance
-
Riot
-
Rout Offence
-
Unlawful Assembly
-
Intentionally Causing a Very Serious Disease
-
Carjacking
-
Aggravated Carjacking
Testimonials
What people Say
St Kilda, Victoria 3182
1800 130 120
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I found myself again before the magistrates court for an indictable offence, I was worried about receiving a jail sentence because of my age and h... Read MoreI found myself again before the magistrates court for an indictable offence, I was worried about receiving a jail sentence because of my age and history, but once I spoke to Jasmin Dhillon and the MK Law team, all my worries were taken away! Jasmin took the time to explain to me the process and kept me informed every step of the way, she has a deep understanding of the law and a genuine heartfelt commitment to achieving the best possible outcome for her clients. Thanks to her hard work and expertise, we achieved a no conviction outcome which has enabled me to continue working hard and pursue my dream career! I am forever grateful for their service and would highly recommend the MK Law team to anyone in need of legal assistance, they are truly dedicated and one of a kind in their field. Read Less55/5
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I recently used the services of Marie Lukic of MK law. She is very professional, dedicated and knowledgeable lawyer. Extremely grateful to have Ma... Read MoreI recently used the services of Marie Lukic of MK law. She is very professional, dedicated and knowledgeable lawyer. Extremely grateful to have Marie who did exceptional job. I would highly recommend Marie Lukic of MK law firm. 👍 Read Less55/5
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Thanks Marcus Denning for being with me from start to end and to give me a fantastic outcome from my trial..👏👏👏🎖🎖🎖🎖🎖🎖Fi... Read MoreThanks Marcus Denning for being with me from start to end and to give me a fantastic outcome from my trial..👏👏👏🎖🎖🎖🎖🎖🎖First time getting charged, didn't know what to do. I was like a fish out of water. Started to research some law firms and mk law popped did some background checks and found good info about the firm. So I stuck with them and i don't regret nothing about my experience with mk law..... Read Less55/5
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I am jagmohan truely grateful and thankful for Jasmin Dhillon from MK Law who did an exceptional job on my case. She is highly skilled, talented ... Read MoreI am jagmohan truely grateful and thankful for Jasmin Dhillon from MK Law who did an exceptional job on my case. She is highly skilled, talented and amazing at what she does. I could not have asked for anymore. I was nervous at first, but Jasmin made me feel at ease and confident going into my case. If I ever have any issues in the future, I will confidently go with Jasmin Dhillon . And thank you to the exceptional MK Law team. Read Less55/5
What happens next?
If you have been charged with administering a certain substance, it is essential to seek legal representation immediately. Your lawyer at MK Law will review your case, assess the evidence, and guide you through the legal process. Whether you decide to plead guilty or contest the charges, your lawyer will prepare a defence strategy tailored to the specifics of your case.
To ensure the best possible outcome, be sure to provide your lawyer with all relevant details, evidence, and documentation. Contact MK Law for expert legal advice at 1800 130 120 or at marcus.mklawfirm.com.au.
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- 2/212 Barkly Street, St Kilda Victoria, 3182 Australia
- 1800 130 120
- marcus@mklawfirm.com.au