Published 31 January 2023
Sentencing — criminal nuisance by unlawful act — endangering the safety or health of another — drink-spiking — class B controlled drug — R v Tod [2012] NZHC 188 — R v Tawhai [2014] NZHC 131 — R v Wong [2016] NZDC 16202. The defendant was to be sentenced on a charge of criminal nuisance by doing an unlawful act. The offending occurred one night while the defendant was out socialising in a local bar. At one point during the evening, the defendant surreptitiously poured a capsule of oxycodone (a pain killer which is a class B controlled drug) into a beer belonging to one of his drinking companions. The victim was unaware that his beer had been spiked and shared the drink with others, including the defendant himself. The victim suffered emotional trauma after learning of the offending, and the Court observed that he and the others who drank the spiked beer could have been seriously harmed or even killed. Along with the risks created by the offending, the Court found that there was premeditation and that the defendant was aware of the dangers of drink-spiking. However the defendant was young, had pleaded guilty and was making efforts at rehabilitation. The Court imposed a sentence of $1000 in emotional harm reparations and 200 hours' community work. Judgment Date: 5 April 2022.
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