Crimes Act 1900
28Acts endangering health etc
Start here
Get a plain-English read of 28
Turn the raw legal text into a practical explanation grounded in Crimes Act 1900.
28 Acts endangering health etc choke, a person—see section 27 (1). conveyance—see section 27 (1). interferes with—see section 27 (2).
public utility service—see section 27 (1). strangle, a person—see section 27 (1). suffocate, a person—see section 27 (1). transport facility—see section 27 (1). (2) A person who intentionally and unlawfully— (a) chokes, suffocates or strangles another person; or (b) administers to, or causes to be taken by, another person any poison or other injurious substance with intent to injure or cause pain or discomfort to that person; or (c) causes an explosion or throws, places, sends or otherwise uses any explosive device or any explosive, corrosive or inflammable substance in circumstances dangerous to the health, safety or physical wellbeing of another person; or (d) sets a trap or device for the purpose of creating circumstances dangerous to the health, safety or physical wellbeing of another person (including a trespasser); or (e) interferes with any conveyance or transport facility or any public utility service in circumstances dangerous to the health, safety or physical wellbeing of another person; for— (f) in the case of an aggravated offence against this section— 7 years; or (g) in any other case—5 years.
28AA Food or drink spiking (i) gives or causes another person to be given food or drink; or (ii) causes another person to consume food or drink; and (b) the food or drink contains an intoxicating substance; and (c) the other person is not aware the food or drink contains the intoxicating substance; and (d) the person intends a person to be harmed by the consumption of the food or drink. (2) A person commits an offence if— (i) gives or causes another person to be given food or drink; or (ii) causes another person to consume food or drink; and (b) the food or drink contains more of an intoxicating substance than the other person would reasonably expect it to contain; and (c) the person intends a person to be harmed by the consumption of the food or drink.
(3) It is a defence to a prosecution for an offence against this section if the defendant proves that the defendant is a health practitioner and the intoxicating substance was given to the other person in the course of practising a health profession. give, food or drink, includes— (a) prepare food or drink; or (b) make food or drink available for consumption. harm, to a person, includes impairment of the senses or understanding that the person might reasonably be expected to object to in the circumstances. impair includes further impair. intoxicating substance includes any substance that affects a person’s senses or understanding.