Administering a Noxious Substance (Sentencing Cases): Difference between revisions

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{{SCase1|R v Morrison-Lonie,<Br> [http://canlii.ca/t/fz54r 2013 ABCA 202] (CanLII){{TheCourt}}| 5 years (global)|Offender sentenced for kidnapping with a firearm, B&E intending to commit aggravated assault, masking, administering noxious substance. [Per "The Court"]}}
{{SCase1|R v Morrison-Lonie,<br> [http://canlii.ca/t/fz54r 2013 ABCA 202] (CanLII){{TheCourt}}| 5 years (global)|Offender sentenced for kidnapping with a firearm, B&E intending to commit aggravated assault, masking, administering noxious substance. [Per "The Court"]}}


{{SCase1|''R v Theriault'', <Br>[http://canlii.ca/t/fz54g 2013 ABCA 203] (CanLII){{TheCourt}}| 5 years (global)|Offender sentenced for kidnapping with a firearm, B&E intending to commit aggravated assault, masking, administering noxious substance. Co-accused with Morrison-Lonie. [Per "The Court"]}}
{{SCase1|''R v Theriault'', <br>[http://canlii.ca/t/fz54g 2013 ABCA 203] (CanLII){{TheCourt}}| 5 years (global)|Offender sentenced for kidnapping with a firearm, B&E intending to commit aggravated assault, masking, administering noxious substance. Co-accused with Morrison-Lonie. [Per "The Court"]}}


{{SCase1|''R v Clark'', <Br>[http://canlii.ca/t/2250h 2009 ABCA 24] (CanLII){{perABCA|Hart JA}}| 6 years (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. [Per Hart JA]}}
{{SCase1|''R v Clark'', <br>[http://canlii.ca/t/2250h 2009 ABCA 24] (CanLII){{perABCA|Hart JA}}| 6 years (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. [Per Hart JA]}}


{{SCase1|''R v Bell'',<Br> [http://canlii.ca/t/1hz7m 2004 CanLII 32263] (ON SC){{perONSC|Archibald J}}| 4 years| 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. [Per Archibald SCJ] }}
{{SCase1|''R v Bell'',<br> [http://canlii.ca/t/1hz7m 2004 CanLII 32263] (ON SC){{perONSC|Archibald J}}| 4 years| 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. [Per Archibald SCJ] }}


{{SCase1|R c Bourgeois, <Br>[http://canlii.ca/t/1h4qf 2004 CanLII 13060] (QC QC){{perQCCQ|Bonin J}}|1 year + Pr|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.}}
{{SCase1|R c Bourgeois, <br>[http://canlii.ca/t/1h4qf 2004 CanLII 13060] (QC QC){{perQCCQ|Bonin J}}|1 year + Pr|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.}}


{{SCase1|''R v SM'',<Br> [http://canlii.ca/t/1hxdh 2004 SKQB 358] (CanLII){{perSKQB|Scheilbel J}}| 3.5 years| convicted of manslaughter of wife, involved administering noxious substance}}
{{SCase1|''R v SM'',<br> [http://canlii.ca/t/1hxdh 2004 SKQB 358] (CanLII){{perSKQB|Scheilbel J}}| 3.5 years| convicted of manslaughter of wife, involved administering noxious substance}}


{{SCase1|R v McDowell, <Br>[http://canlii.ca/t/5ffq 2002 ABPC 199] (CanLII){{perABPC|Fradsham J}}| 12 years (global)<br> 4 years (noxious)| 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.}}
{{SCase1|R v McDowell, <br>[http://canlii.ca/t/5ffq 2002 ABPC 199] (CanLII){{perABPC|Fradsham J}}| 12 years (global)<br> 4 years (noxious)| 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.}}


{{SCase1|R v W., L.K., <Br>[http://canlii.ca/t/1f9pn 1999 CanLII 3791] (ON CA){{perONCA|Moldaver JA}}| 18.5 years (global) | 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.}}
{{SCase1|R v W., L.K., <br>[http://canlii.ca/t/1f9pn 1999 CanLII 3791] (ON CA){{perONCA|Moldaver JA}}| 18.5 years (global) | 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.}}


{{SCase1|''R v JH'',<Br> [http://canlii.ca/t/1f9bx 1999 CanLII 3710] (ON CA){{perONCA|Rosenberg JA}} |CSO / time served| Offender administered cocaine to 5 year old son.  Trial Judge ordered 2 years less a day jail. [per Rosenberg JA]}}
{{SCase1|''R v JH'',<br> [http://canlii.ca/t/1f9bx 1999 CanLII 3710] (ON CA){{perONCA|Rosenberg JA}} |CSO / time served| Offender administered cocaine to 5 year old son.  Trial Judge ordered 2 years less a day jail. [per Rosenberg JA]}}


{{SCase1|''R v Touchie'', <Br>[1994] BCJ No. 1313 (BCCA){{NOCANLII}} |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. }}
{{SCase1|''R v Touchie'', <br>[1994] BCJ No. 1313 (BCCA){{NOCANLII}} |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. }}


{{SCase1|''R v Wauhkonen'', <Br>[1993] Y.J. No. 14 (Y.T.S.C.) {{NOCANLII}}| 15 months + Pr| The offender was 26 years old. He put Ativin in the drink of a female who became "very ill".}}
{{SCase1|''R v Wauhkonen'', <br>[1993] Y.J. No. 14 (Y.T.S.C.) {{NOCANLII}}| 15 months + Pr| The offender was 26 years old. He put Ativin in the drink of a female who became "very ill".}}


{{SCase1|''R v Peskey'',<Br> [1989] M.J. No. 160 (MBCA) {{NOCANLII}}| 8 years (global)| 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.}}
{{SCase1|''R v Peskey'',<br> [1989] M.J. No. 160 (MBCA) {{NOCANLII}}| 8 years (global)| 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.}}


{{SCase1|R v Symes <Br>(1989), 49 CCC (3d) 81, 32 O.A.C. 102, 7 W.C.B. (2d) 346 (Ont. C.A.), [http://canlii.ca/t/g95bh 1989 CanLII 7173] (ON CA){{perONCA|Goodman JA}}| 3 months + Pr|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.}}
{{SCase1|R v Symes <br>(1989), 49 CCC (3d) 81, 32 O.A.C. 102, 7 W.C.B. (2d) 346 (Ont. C.A.), [http://canlii.ca/t/g95bh 1989 CanLII 7173] (ON CA){{perONCA|Goodman JA}}| 3 months + Pr|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.}}


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Revision as of 22:25, 12 January 2019

Administering a Noxious Substance




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