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This is a Bill, not an Act. For current law, see the Acts databases.

CRIMINAL CODE AMENDMENT (DRINK OR FOOD SPIKING) BILL 2008

Serial 137
Criminal Code Amendment (Drink or Food Spiking) Bill 2008
Dr Burns







A Bill for an Act to amend the Criminal Code Act
















NORTHERN TERRITORY OF AUSTRALIA

Criminal Code AMENDMENT (drink or food spiking) ACT 2008

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Act No. [ ] of 2008

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TABLE OF PROVISIONS




NORTHERN TERRITORY OF AUSTRALIA

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Act No. [ ] of 2008

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An Act to amend the Criminal Code Act

[Assented to [ ] 2008]

[Second reading [ ] 2008]

The Legislative Assembly of the Northern Territory enacts as follows:

Short title

This Act may be cited as the Criminal Code Amendment (Drink or Food Spiking) Act 2008.

Commencement

This Act commences on the date fixed by the Administrator by Gazette notice.

Act amended

This Act amends the Criminal Code Act.

Repeal and substitution of Part VI, Division 4 heading

Part VI, Division 4, heading

repeal, substitute

Division 4 Miscellaneous offences against the person

New section 176A

After section 176

insert

176A Drink or food spiking

(1) A person's (the victim's) drink or food is spiked if:

(a) it contains an intoxicating substance that:

(i) the victim does not expect it to contain; and

(ii) a reasonable person in the victim's position would not expect it to contain; or

(b) it contains more of an intoxicating substance than:

(i) the victim expects it to contain; and

(ii) a reasonable person in the victim's position would expect it to contain.

(2) A person is guilty of an offence if the person:

(a) spikes another's drink or food; or

(b) gives to another, or causes another to be given or to consume, spiked drink or food.

Fault elements:

(a) knowledge that the victim does not know that the drink or food is spiked or recklessness as to whether the victim knows; and

(b) an intention to do one or more of the following:

(i) to impair the victim's mental acuity and thus obtain an advantage from or over the victim;

(ii) to cause embarrassment or humiliation;

(iii) to cause harm (including unwanted intoxication).

Maximum penalty: Imprisonment for 2 years.

Amendment of Schedule 1

Schedule 1

omit

Section 192 (Sexual intercourse and gross indecency without consent)

substitute

Section 176A (Drink or food spiking)

Section 192 (Sexual intercourse and gross indecency without consent)


 

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