Administering a Noxious Substance (Sentencing Cases)

This page was last substantively updated or reviewed January 2014. (Rev. # 88394)

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Case Digests

Case Name	Prv.	Crt.	Sentence	Summary
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.
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.
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.
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.
R v Bourgeois, 2004 CanLII 13060 (QC QC), per Bonin J	QC	PC	1 year imprisonment + 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.
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
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.
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.
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.
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.
R v Wauhkonen, , [1993] Y.J. No 14 (YTSC)(*no CanLII links)	YT	SC	15 months imprisonment + Pr	The offender was 26 years old. He put Ativin in the drink of a female who became "very ill".
R v Peskey, , [1989] MJ No 160 (MBCA)(*no CanLII links)	MB	CA	8 years imprisonment (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.
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 + 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.