Administering poison so as to endanger life or inflict GBH

s.23Offences Against the Person Act 1861

Unlawfully and maliciously giving someone a poison or noxious thing, or causing them to take it, so that their life is endangered or they suffer grievous bodily harm.

Administering poison so as to endanger life or inflict GBH · Offences Against the Person Act 1861, s.23Card 49 / 195

Points to prove

Unlawfully and maliciously
Administered to, or caused to be administered to or taken by, another person
Any poison or other destructive or noxious thing
So as thereby to endanger their life, or
So as thereby to inflict grievous bodily harm on them

Key definitions

Maliciously – intention, or recklessness in the subjective sense: the defendant foresaw that the person might be harmed and went on to take the risk (R v Cunningham 1957, itself an s.23 case about gas escaping from a meter).
Administer – includes giving the substance directly, injecting it, spraying it or putting it in food or drink. Causing it to be taken covers tricking the victim into taking it themselves.
Poison or other destructive or noxious thing – any substance that is harmful in the quantity given. Heroin injected into another person has been held to be a noxious thing (R v Cato 1976).
Endanger life or inflict GBH – the consequence must actually happen. The prosecution does not have to prove the defendant intended or foresaw it.

Good to know

Supplying a drug to an adult who then freely and knowingly takes it themselves is not administering it or causing it to be taken (R v Kennedy (No 2) 2007).
The lesser offence of administering with intent to injure, aggrieve or annoy is in s.24 (maximum 5 years).
Using chloroform or another stupefying drug with intent to commit an indictable offence is a separate offence under s.22 (maximum life).
The Crime and Policing Act 2026, s.134 will repeal ss.22 and 23 and replace s.24 with a single offence of administering a harmful substance (including spiking). As at 2 November 2026 that change is not yet in force.

Legislation: Offences Against the Person Act 1861, s.23 (opens legislation.gov.uk in a new tab)
Mode of trial: Indictable only
Maximum penalty: 10 years' imprisonment
Last checked: 2 November 2026, against the current law on legislation.gov.uk

Administering poison so as to endanger life or inflict GBH: questions people ask

What are the points to prove for administering poison so as to endanger life or inflict GBH?

1. Unlawfully and maliciously 2. Administered to, or caused to be administered to or taken by, another person 3. Any poison or other destructive or noxious thing 4. So as thereby to endanger their life, or 5. So as thereby to inflict grievous bodily harm on them

What is the maximum sentence for administering poison so as to endanger life or inflict GBH?

10 years' imprisonment.

Is administering poison so as to endanger life or inflict GBH a summary, either-way or indictable offence?

Administering poison so as to endanger life or inflict GBH is indictable only: it can only be tried in the Crown Court.

What Act and section is administering poison so as to endanger life or inflict GBH?

Administering poison so as to endanger life or inflict GBH is an offence under the Offences Against the Person Act 1861, s.23.

More violence and offences against the person

All violence and offences against the person