Criminal Code Amendment (Drink and Food Spiking) Act 2007 (WA)

Western Australia

Criminal Code Amendment (Drink and Food

Spiking) Act 2007

Western Australia

Criminal Code Amendment (Drink and Food

Spiking) Act 2007

CONTENTS

1.	Short title	2
2.	Commencement	2
3.	The Criminal Code amended	2
4.	Section 305A inserted	2

305A. Intoxication by deception 2

Western Australia

Criminal Code Amendment (Drink and Food

Spiking) Act 2007

No. 31 of 2007

An Act to amend The Criminal Code.

[Assented to 21 December 2007]

The Parliament of Western Australia enacts as follows:

Criminal Code Amendment (Drink and Food Spiking) Act 2007

s. 1

1.             Short title

This is the Criminal Code Amendment (Drink and Food

Spiking) Act 2007.

2.             Commencement

This Act comes into operation as follows:

(a)	sections 1 and 2 — on the day on which this Act receives the Royal Assent;
(b)	the rest of the Act — on the day after that day.

3. The Criminal Code amended

The amendments in this Act are to The Criminal Code*.

[* Reprint 12 as at 1 June 2005 (see the Schedule to the

Criminal Code Act 1913 appearing as Appendix B to the

Criminal Code Act Compilation Act 1913).

For subsequent amendments see Western Australian

Legislation Information Tables for 2006, Table 1, and

Act No. 73 of 2006.]

4.             Section 305A inserted

After section 305 the following section is inserted —

“

305A. Intoxication by deception

(1)	In this section —
“harm” includes an impairment of the senses or

understanding of a person that the person might

reasonably be expected to object to in the

circumstances;

“impair” includes further impair and temporarily

impair;

“intoxicating substance” includes any substance that

affects a person’s senses or understanding.

Criminal Code Amendment (Drink and Food Spiking) Act 2007

s. 4

(2)

For the purposes of this section giving a person drink

or food includes preparing the drink or food for the

person or making it available for consumption by the

person.

(3)

This section applies if a person (the “provider”)

causes another person to be given or to consume drink

or food —

(a)	containing an intoxicating substance that other person is not aware that it contains; or
(b)	containing more of an intoxicating substance than that other person would reasonably expect it to contain.

(4) Where this section applies and the provider —

(a)	intends a person to be harmed by the consumption of the drink or food; or
(b)	knows or believes that consumption of the drink or food is likely to harm a person,

the provider is guilty of a crime and is liable to

imprisonment for 3 years.

Summary conviction penalty: imprisonment for

12 months and a fine of $12 000.

(5)

It is a defence to a charge under subsection (4) to prove that the accused person had reasonable cause to believe that each person who was likely to consume the drink

or food would not have objected to consuming the

drink or food if the person had been aware of the

presence and quantity of the intoxicating substance in

the drink or food.

”.