Criminal Code Act 1899 - Queensland Legislation

Schedule 1 The Criminal CodePart 5 Offences against the person and relating to marriage and parental rights and dutiesChapter 29 Offences endangering life or health[s 316A]316AUnlawful drink spiking(1) A person who administers, or attempts to administer, in drinka substance to another person (the other person) without theother person having knowledge of the substance with intent tocause the other person to be stupefied or overpowered is guiltyof a crime and is liable to imprisonment for 5 years.(2) If the substance is alcohol, for section 24 only, thecircumstances in which the other person is taken to haveknowledge of the alcohol include where the other personwould not object to the administration of the alcohol if theother person had actual knowledge of it.(3) The following matters are immaterial—(a) whether the lack of knowledge of the substance is lackof knowledge of the presence at all of the substance orof the particular quantity of the substance;(b) whether the substance is capable of having the effectintended;(c) whether a particular person is intended to be the personto whom the substance is administered or attempted tobe administered.(4) A reference to causing the other person to be stupefied oroverpowered is—(a) a reference to causing the other person to be stupefied oroverpowered in circumstances where the other person isnot intending to be stupefied or overpowered at all; or(b) a reference to causing the other person to be furtherstupefied or overpowered in circumstances where theother person is not intending to be further stupefied oroverpowered at all or to the extent intended by theperson who administers, or attempts to administer, thesubstance.(5) This section does not apply to an act lawfully done in thecourse of the practice of a health professional, the carrying outCurrent as at 1 December 2014 Page 195