S61. Administering a substance with intent
Date Updated: January 2012
Title: Sexual Offences
Offence: Administering a substance with intent
Legislation: Sexual Offences Act 2003 - S61
Commencement date: 1/05/2004
Mode of Trial: Either Way
Statutory Limitations & Maximum Penalty:
- On Indictment - 10 years
- Summary Conviction - 6 months imprisonment and/or statutory maximum fine
Culpability & Harm
The sentences for public protection must be considered in all cases. They are designed to ensure that sexual offenders are not released into the community if they present a significant risk of serious harm.
In a case where no substantive sexual offence has in fact been committed, the main dimension of seriousness will be the offender's intention - the more serious the offence intended, the higher the offender's culpability. This is equally so where the offence is committed by an offender for the benefit of another.
The harm to the victim in such cases will invariably be less than that resulting from a completed offence, although the risk to which the victim has been put is always a relevant factor.
In some cases, where the offender has come quite close to fulfilling his or her intention, the victim may have been put in considerable fear, and physical injury to the victim is a possible feature, in particular for this offence.
In addition to the generic aggravating factors identified in the Council guideline on seriousness, the main factors determining the seriousness of a preparatory offence are:
- the seriousness of the intended offence (which will affect both the offender's culpability and the degree of risk to which the victim has been exposed);
- the degree to which the offence was planned;
- the determination of the offender;
- how close the offender came to success;
- the reason why the offender did not succeed, i.e. whether it was a change of mind or whether someone or something prevented the offender from continuing; and
- any physical or psychological injury suffered by the victim.
The starting point should be commensurate with that for the preparatory offence actually committed, with an enhancement to reflect the nature and severity of the intended sexual offence.
Aggravating & Mitigating Factors
Aggravating
- Threats to prevent the victim reporting the offence
- Abduction or detention
- Offender aware that he or she, or the person planning to commit the sexual offence, is suffering from a sexually transmitted infection.
Mitigating:
- Offender intervenes to prevent the intended sexual offence from taking place
Relevant Sentencing Council Guideline (if any)
- Guidelines effective for offences sentenced on or after the 14th May 2007.
- The starting points are for an adult offender, of previous good character who was convicted after trial.
Type/nature of activity: If intended offence is rape or assault by penetration
Starting points: 8 years custody if the victim is under 13
Sentencing ranges: 6 - 9 years custody
Starting points: 6 years custody otherwise
Sentencing ranges: 4 - 9 years custody
Type/nature of activity: If intended offence is any sexual offence other than rape or assault by penetration
Starting points: 6 years custody if the victim is under 13
Sentencing ranges: 4 - 9 years custody
Starting points: 4 years custody otherwise
Sentencing ranges: 3 - 7 years custody
Relevant Sentencing Case Law
R v Wright 2007 I Cr App R (S) 109 - D was convicted of intentionally administering a substance with intent to engage in sexual activity. D worked as a doorman. V had previously worked at the bar. While he was working one night she came in and he invited her to go with him to another bar where he bought her a drink. She became drowsy after drinking it and he abandoned her in the bar where he worked. V was taken to hospital, her condition was life threatening. Traces of GBL a constituent of GHB were found. D showed no remorse. HELD: There was a breach of trust from his employment, a significant overdose and a lack of action by D. The court endorsed comments from Hakki [2006] 1 Cr App R (S) 46 a case under s22 of the Offences Against the Person Act, any sentence for those who use drugs in order to commit a crime must involve a substantial element of deterrence and attract a significant term of imprisonment. 5 years was not manifestly excessive.
Ancillary Orders
- Notification (S83 to 96 Sexual Offences Act 2003)
- Sexual Offences Prevention Order (S104 Sexual Offences Act 2003)
- Where the defendant is aged 18 or over he or she is automatically barred from engaging in regulated activity with children and with vulnerable adults. (Safeguarding Vulnerable Groups Act 2006).
Consider Also
- Dangerous Offender provisions apply. Sentences for public protection must be considered.
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