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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

Division 4 Miscellaneous offences against the person
176A Drink or food spiking

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:

1 Short title

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

2 Commencement

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

3 Act amended

This Act amends the Criminal Code Act.

4 Repeal and substitution of Part VI, Division 4 heading

Part VI, Division 4, heading

repeal, substitute

Division 4 Miscellaneous offences against the person

5 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.

6 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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