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Have You Been Charged with Administering Certain Substances?

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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: 

  1. You administered or caused the person to take a substance. 
  2. The substance had the potential to interfere substantially with the person’s bodily functions. 
  3. You knew or were reckless about the substance’s effects. 
  4. 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? 

Assault Charges

  • 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

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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
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2/212 Barkly Street, St Kilda
Victoria, 3182
Australia

Phone: 1800 130 120
Email: marcus@mklawfirm.com.au

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