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D080198-PC ES Drink and Food Spiking (74113R1)
22-2-08

2008

LEGISLATIVE ASSEMBLY OF THE
NORTHERN TERRITORY

MINISTER FOR JUSTICE AND ATTORNEY-GENERAL

CRIMINAL CODE AMENDMENT 
(DRINK OR FOOD SPIKING) BILL 2008
SERIAL NO. 137

EXPLANATORY STATEMENT

GENERAL OUTLINE
This bill amends the Criminal Code through the introduction of an offence of Drink and Food Spiking.
It creates an offence of spiking another’s drink or food, either with the knowledge that other person (the victim) is unaware, or being reckless as to whether the other person (the victim) is aware, their drink or food is being spiked. 
The offence also requires an intention on the part of the perpetrator to impair the victim’s mental insight so as to take advantage, to cause embarrassment or humiliation to the victim, or to cause harm (including intoxication) to the victim.
NOTES ON CLAUSES
Clause 1.	Short title.
This is a formal clause which provides for the citation of the Bill.  
The Bill when passed may be cited as the Criminal Code Amendment (Drink or Food Spiking) Act 2008.

Clause 2.	Commencement.
The Act will commence on a date to be fixed by the Administrator.
Clause 3.	Act amended.
This Act amends the Criminal Code.
Clause 4.	Substitution of heading.
The heading to Division 4 of Part VI is repealed and substituted with “Division 4 – Miscellaneous offences against the person”. 
Clause 5.	Insertion of section 176A
This clause provides a definition of what constitutes drink or food spiking.  It then creates an offence provision that where one person “spikes” the food or drink or another, the person is guilty of an offence.
The fault elements (see Part IIAA Criminal Code) for the offence are knowledge or recklessness as to whether the victim knows that the drink or food is spiked, and an intention to: 
(i)	impair mental acuity in order to obtain an advantage;
(ii)	to cause embarrassment or humiliation;
(iii)	to cause harm, including intoxication (see section 1A of the Criminal Code).
The maximum penalty for the offence is 2 years imprisonment. 
Clause 6	Amendment of Schedule 1
Schedule 1 of the Criminal Code is amended to include section 176A, confirming it is subject to the provisions of criminal responsibility as enunciated in Part IIAA of the Criminal Code.