New South Wales Consolidated Acts

CRIMES ACT 1900 - SECT 25C

25C Supply of drugs causing death

(1) A person is guilty of an offence under this section if--

(a) the person supplies a prohibited drug to another person for financial or material gain, and

(b) the drug is self-administered by another person (whether or not the person to whom the drug was supplied), and

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

: Maximum penalty--Imprisonment for 20 years.

(2) In proceedings for an offence under this section, it is necessary to prove that the accused knew, or ought reasonably to have known, that supplying the prohibited drug would expose another person (whether or not the person to whom the drug was supplied) to a significant risk of death as a result of the self-administration of the drug.

(3) A person does not commit an offence under this section for supplying a prohibited drug if the person is authorised to supply the drug under the Poisons and Therapeutic Goods Act 1966 .

(4) Proceedings for an offence under this section may only be instituted by or with the approval of the Director of Public Prosecutions.

(5) Section 18 does not apply to an offence under this section.

(6) In this section--

"prohibited drug" means any substance specified in Schedule 1 to the Drug Misuse and Trafficking Act 1985 , but does not include a prohibited plant within the meaning of that Act.