Section 39 — Crimes Act 1900 (NSW)

(1) A person is guilty of an offence if—
(a) the person administers to another person, or causes another person to take, any poison, intoxicating substance or other destructive or noxious thing, and
(b) the poison, intoxicating substance or other thing endangers the life of, or inflicts grievous bodily harm on, the other person, and
(c) the person intends to injure, or is reckless about injuring, the other person.
(2) If on the trial of a person charged with an offence against this section the jury is not satisfied that the offence is proven but is satisfied that the person has committed an offence against section 41 or 41A, the jury may acquit the person of the offence charged and find the person guilty of an offence against section 41 or 41A. The person is liable to punishment accordingly.

Related sections

• s 37 — Choking, suffocation and strangulation
• s 38 — Using intoxicating substance to commit an indictable offence
• s 38A — Spiking drink or food
• s 41 — Using poison etc to injure or to cause distress or pain
• s 41A — Poisoning etc of water supply
• s 41B — Unauthorised administration of prescribed substance

Research how courts apply s 39

BriefBridge searches NSW and High Court caselaw by meaning — every answer cited to the paragraph.