Administering a Noxious Substance

What is a Noxious Substance?

Essentially it can be any substance, poison, or drug that is administered to a person without their knowledge, or possibly with their knowledge.  This charge is frequently seen in cases involving the date rape drug, GHB, when the complainant received the drug without their consent or knowledge.  Other cases have involved the accused administering the drug, when the complainant knew what the drug was, but the end result involved serious harm or death.

The administration of the drug does not necessarily need to be done to cause harm or death, it may be enough that the drug will cause discomfort or annoy the person receiving the substance, such as pepper spray or bear spray.

What to do if charged with administering a noxious substance?

Keep quiet.  You have a right to remain silent, and it is important to do so.  The police may attempt to engage you in conversation, but you are best advised to “shut up”.  If there is something that needs to be said, it can be done with your lawyer.  And you are entitled to speak to a lawyer upon detention or arrest – make sure you do. 

Conviction and Sentencing

If convicted of this offence, you could receive a significant period of jail time.  You may qualify for Legal Aid:  See Legal Aid Ontario Information.

Criminal Defence Lawyers.

I am here to help you through the process of being charged with Administrating a Noxious Substance. My job is to make the process easier for you - to review your case in relation to the charge(s) you are facing - address the court when, and as necessary – deal with the Crown Attorney for your matter –and give you the best defence at trial, or plea resolution possible.  There are factors that must be considered when dealing with human emotion and the use of drugs, make sure you have a lawyer that understands the law and is prepared to act for you.