Please be aware that s53 of the Crimes Act 1958, Administration of Drugs, has now been repealed and the correct and current law exists under section s46 of the Crimes Act 1958.
The new section was introduced by the Crimes Amendment (Sexual Offences) Act 2016 (No. 47 of 2016) and came into operation on 1 July 2017.
This means that where the offence date predates 1 July 2017, the prosecution must proceed under the old section. The old section is s53 of the Crimes Act 1958, which has been repealed and no longer exists but is still relevant for old offences.
Have you been charged under the old section relating to Administration of Drugs?
If so, there are several issues to consider in relation to defending the charge.
Did you administer a drug, matter or thing to another person, or cause them to take it? If so, was your purpose to render them incapable of resisting sexual advances, either by you or by someone else?
The term ‘drug, matter or thing’ is not defined in the Legislation. However, it must be something which is capable, or which the defendant believes is capable, of rendering the other person unable to resist.
Legislation can be extremely complex, and the penalties for a guilty finding can be severe. Consult a law firm that specialises in criminal law before entering your plea to the Court.
The offence
Section 53 of the Crimes Act 1958.
The prosecution must prove:
The defendant:
Administered a drug, matter or thing to another person; or
Caused a drug, matter or thing to be taken by another person;
The defendant did so with the intention of:
Rendering that other person incapable of resistance; and
Thereby enabling the defendant or another person to take part in an act of sexual penetration with that other person.
The maximum penalty
Level 5 imprisonment being a maximum of 10 years.
Where will my case be heard?
Administration of Drugs cases will usually be heard in the Magistrates’ Court of Victoria with more serious examples being heard in the County Court.
Questions to consider
Do you have a defence?
If you are pleading guilty, what can you do to minimise your sentence?
What to do next?
Arrange a time to see an experienced criminal lawyer urgently. The longer a lawyer has to prepare for your matter, the greater the chance of achieving a favourable outcome. Don’t leave it to the last minute.
If you have been charged with Administration of Drugs make an appointment to see one of our experienced lawyers today.
The legislation
53. Administration of drugs etc.
A person must not—
(a) administer a drug, matter or thing to a person; or
(b) cause a drug, matter or thing to be taken by a person—
with the intention of rendering that person incapable of resistance and thereby enabling himself or herself or another person to take part in an act of sexual penetration with that person.
Penalty: Level 5 imprisonment (10 years maximum).
