Canadian Criminal Law/Offences/Administering a Noxious Substance
|Administering a Noxious Substance|
|s. 245 of the Crim. Code|
|Election / Plea|
|Jurisdiction||Prov. Court |
SC Judge + PI (I)
SC Jury + PI (I) (536(2))
|Maximum||2 year jail (annoy) 14 years (harm)|
|Offence Elements |
Legislation[edit | edit source]
Administering noxious thing
245. Every one who administers or causes to be administered to any person or causes any person to take poison or any other destructive or noxious thing is guilty of an indictable offence and liable
- (a) to imprisonment for a term not exceeding fourteen years, if he intends thereby to endanger the life of or to cause bodily harm to that person; or
- (b) to imprisonment for a term not exceeding two years, if he intends thereby to aggrieve or annoy that person.
R.S., c. C-34, s. 229.
Proof of the Offence[edit | edit source]
- identity of accused
- date and time of incident
- jurisdiction (incl. region and province)
- the accused administered a substance to the victim
- the substance was noxious
Interpretation[edit | edit source]
The crown does not need to prove that the accused knew the substance was noxious.
- R. v. Burkholder, 1977 ALTASCAD 8 at 32