Have You Been Charged with Administering Certain Substances?

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)?