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Supply of drugs causing death

Offence title:

 

Supply of drugs causing death

Act:

 

25C Crimes Act (NSW)

Offence:

(1)   A person is guilt of this offence, if they:

(a)   Supply a drug to another for financial or material gain; and

(b)   The drug is self-administered, by the purchaser or another; and

(c)    The self-administration of the drug causes or substantially causes death of that person.

 

Penalty:

 

(1)   Imprisonment for 20 years

 

Summary/Indictable/mixed:

 

Indictable

 

Jurisdiction:

 

District or Supreme Court

 

How committed:

 

Person A sells ecstasy to Person B at a music festival. Person A is aware that others have been taken to hospital as a result of consuming from this batch. Person B dies as a result of the effect of the drug on their body.

 

Important note:

It is necessary to prove the accused knew, or should have known, the self-administration exposed the person to a significant risk of death.

 

The Director of Public Prosecutions must authorise a prosecution under this section.

 

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