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Crimes Act 1900
28Acts endangering health etc
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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.