Administering a Noxious Substance (Sentencing Cases)

This page was last substantively updated or reviewed January 2014. (Rev. # 96743)

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Offence Wording

Administering noxious thing

245 (1) Every person who administers or causes to be administered to any other person or causes any other person to take poison or any other destructive or noxious thing is guilty

(a) of an indictable offence and liable to imprisonment for a term of not more than 14 years, if they did so with intent to endanger the life of or to cause bodily harm to that person; or

(b) of an indictable offence and liable to imprisonment for a term of not more than two years or of an offence punishable on summary conviction, if they did so with intent to aggrieve or annoy that person.

Exemption

(2) Subsection (1) [administering noxious thing – offence] does not apply to

(a) a medical practitioner or nurse practitioner who provides medical assistance in dying in accordance with section 241.2 [procedure relating to assisted dying]; and

(b) a person who does anything for the purpose of aiding a medical practitioner or nurse practitioner to provide medical assistance in dying in accordance with section 241.2 [procedure relating to assisted dying].

Definitions

(3) In subsection (2) [administering noxious thing – exemption], medical assistance in dying, medical practitioner and nurse practitioner have the same meanings as in section 241.1 [definitions re assisted dying].

R.S., 1985, c. C-46, s. 245; 2016, c. 3, s. 6; 2019, c. 25, s. 83.
[annotation(s) added]

– CCC (CanLII), (DOJ)

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Case Digests

Case Name	Prv.	Crt.	Sentence	Summary
2013
R v Morrison-Lonie, 2013 ABCA 202 (CanLII), 553 AR 191, per curiam	AB	CA	5 years imprisonment (global)	Offender sentenced for kidnapping with a firearm, B&E intending to commit aggravated assault, masking, administering noxious substance. Find summaries of case.
R v Theriault, 2013 ABCA 203 (CanLII), per curiam	AB	CA	5 years imprisonment (global)	Offender sentenced for kidnapping with a firearm, B&E intending to commit aggravated assault, masking, administering noxious substance. Co-accused with Morrison-Lonie. Find summaries of case.
2009
R v Clark, 2009 ABCA 24 (CanLII), 446 AR 148, per Hart JA	AB	CA	6 years imprisonment (global)	Offender convicted of aggravated assault, unlawful confinement, administering a noxious substance, choking, uttering threats, assault with a weapon, using imitation firearm. Offender got upset over girlfriend's sexual history, put a cigarette and lighter on her, shot her three times using a pellet gun, put motor oil on her and in her mouth, threatened her with a knife to her throat, cut her hair off, and choked her to unconsciousness. Find summaries of case.
2004
R v Bell, 2004 CanLII 32263 (ON SC), per Archibald J	ON	SC	4 years imprisonment	Offender convicted of sexual assault x 2 and administering noxious substance x 2. Offender drugged a girl and guy. Had sex with the woman while they were both in-and-out of consciousness. Find summaries of case.
R v Bourgeois, 2004 CanLII 13060 (QC QC), per Bonin J	QC	PC	1 year imprisonment plus probation	Offender plead guilty to administering noxious substance x 1 and aggravated assault x 2. The offender got his girlfriend pregnant, administered ulcer medication through her vagina, causing a miscarriage. The victim was devastated and suffered depression, and lost his job. Find summaries of case.
R v SM, 2004 SKQB 358 (CanLII), per Scheilbel J	SK	SC	3.5 years imprisonment	convicted of manslaughter of wife, involved administering noxious substance Find summaries of case.
2002
R v McDowell, 2002 ABPC 199 (CanLII), per Fradsham J	AB	PC	12 years imprisonment (global) 4 years imprisonment (noxious)	The offender confined young girl, commanded her to undress, sexually assaulted her, put a rag of lock de-icer in her mouth to suffocate her with the intent to cause bodily harm or death. Find summaries of case.
1999
R v W, LK, 1999 CanLII 3791 (ON CA), 138 CCC (3d) 449, per Moldaver JA	ON	CA		Offender convicted of sexual assault x 10, administering noxious substance x 3, assault causing bodily harm x 1. Offender would physically and sexually abuse young step-children. Locked them in cages in the basement, force them to eat feces and drink urine. Find summaries of case.
R v JH, 1999 CanLII 3710 (ON CA), per Rosenberg JA	ON	CA	CSO / time served	Offender administered cocaine to 5 year old son. Trial Judge ordered 2 years less a day jail. Find summaries of case.
1994
R v Touchie, [1994] BCJ No 1313 (BCCA)(*no CanLII links)	BC	CA	non-custodial	The offender was a suicidal mother who tried to kill self and 2.5 year old child by administering rat poison, but immediately removed it from his mouth after putting it in. No harm to child.
1993
R v Wauhkonen, , [1993] Y.J. No 14 (YTSC)(*no CanLII links)	YT	SC	15 months imprisonment plus probation	The offender was 26 years old. He put Ativin in the drink of a female who became "very ill".
1989
R v Peskey, , [1989] MJ No 160 (MBCA)(*no CanLII links)	MB	CA	8 years imprisonment (global)	The offender charged with sexual assault, endangering life, and administering a noxious substance intending to endanger life. Offender subdued a 15 year old prostitute with choloroform, then bound and raped her. She was left naked and bound for the day but managed to escape.
R v Symes, 1989 CanLII 7173 (ON CA), 49 CCC (3d) 81, 32 OAC 102, 7 WCB (2d) 346, per Goodman JA	ON	CA	3 months imprisonment plus probation	Offender found guilty of attempt murder and aministering noxious substance. He sprayed ether in wife's face, she fell down and hit head. 8 months remand time accounted for. CA said sentence too low but did not interfere. Find summaries of case.