section 245

INTRODUCTION AND BRIEF DESCRIPTION

Administering poison or noxious substances results in indictable offence and imprisonment, with different terms based on intent to harm or annoy.

SECTION WORDING

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.

EXPLANATION

Section 245 of the Criminal Code of Canada is aimed at deterring people from administering or causing someone else to take poison or any other harmful substance. The section makes it a criminal offence to intentionally put someone's life in danger or cause bodily harm, or to do so with the intention of causing annoyance or distress to the individual. This charge is typically brought when someone has been poisoned, and the offender has either administered the harmful substance directly or induced the victim to ingest it themselves. If the offender's intentions were to cause bodily harm or endanger the person's life, they could be sentenced to up to 14 years in prison upon conviction. If their intention was merely to aggrieve or annoy the victim, they could be sentenced to up to two years in jail. Section 245 is an important aspect of the Canadian Criminal Code, as it helps to deter people from attempting to harm others through the use of toxic substances. The law makes it clear that any act of poisoning will be taken seriously and harshly punished, regardless of the offender's intentions. It also serves as a warning to anyone who may be considering causing harm to someone else that such actions will not be tolerated in Canada's legal system, and that those responsible will face severe consequences for their actions.

COMMENTARY

Section 245 of the Criminal Code of Canada addresses a heinous crime: the administration of poison or any other noxious substance to a person with the intent to cause them bodily harm, injure, or even kill. This section makes it clear that such an act constitutes a serious offense and is punishable under the law. As per the section, any person found guilty of administering or causing the administration of poison or other noxious substances would be liable to imprisonment for a term of up to fourteen years if they intended to endanger the life of the victim. On the other hand, if the intent was to aggrieve or annoy the victim, the punishment can extend up to two years of imprisonment. The section also provides a broad definition of what can be classified as a 'noxious substance'. Poison is a commonly understood term, but it can also include other things such as harmful drugs and chemicals that may not be considered "poisonous" in the traditional sense. With this broad definition, the law brings to attention the seriousness of any act that attempts to harm another individual through the use of any poison or chemical substance. The law operates under the principle that every individual has the basic right to safety and protection, and any act that violates this fundamental right is considered a serious offense. As such, this section of the Criminal Code of Canada exists to deter individuals from committing such heinous acts of depravity and serves as a warning to the society at large. The distinction in the degree of punishment based on the intent of the perpetrator is critical. It acknowledges that the intent behind an action is just as important as the outcome. This recognition of intent allows the court to make a fair distinction between incidents of grave malice and those of lesser criminality. Such a distinction is not just important from a legal standpoint, but it is also essential from a societal viewpoint, as it communicates the values, policies, and rules of the community. Further, this section of the Criminal Code of Canada provides scope for authorities to take swift action against those who commit such crimes and to ensure that the victim receives justice. The provision of severe punishment is a deterrent against such crimes and sends a strong message to potential violators that such acts will not be tolerated in a civil society. In conclusion, Section 245 of the Criminal Code of Canada is an essential element of the country's criminal law system, ensuring that individuals who violate others' safety and well-being face appropriate consequences. The punishment for such crimes needs to be severe enough to deter others from engaging in similar conduct. The law represents the Canadian society's values and rules and affirms the right to protection against dangerous substances directed towards individuals. The strength and rigidity of Section 245 serve as a message to individuals who may consider committing such an offense, an indication that such behavior will not be tolerated, and severe, extensive sentences await those found guilty of it.

STRATEGY

When dealing with Section 245 of the Criminal Code of Canada, there are several strategic considerations that need to be taken into account. Firstly, it is important to identify the intent of the accused. Depending on whether the intent is to endanger life or cause bodily harm, or simply to aggrieve or annoy, the penalties can vary greatly. This means that the prosecution needs to prove the intent of the accused beyond a reasonable doubt in order to secure a conviction. One strategy for the defense in such a case would be to argue that there was no intent to cause harm or endanger life, but rather the action was taken with another intent, such as to make a point or as a prank. For instance, if someone administers a noxious substance to another person, but only with the intent of playing a practical joke, they may argue that the act was not intended to cause harm. Another important consideration when dealing with this section of the Criminal Code is the nature of the substance that was administered. For example, if the substance is a drug or toxin that is known to be lethal in even small doses, this will strengthen the case of the prosecution. In contrast, if the substance is relatively harmless, the defense may argue that it was not a serious threat to the victim's health. Other factors that may be taken into consideration include the relationship between the accused and the victim. If the accused is a spouse or family member, the question of motive may be raised, such as jealousy or revenge. On the other hand, if the accused and victim are strangers, this may suggest that the action was random or without apparent motive. Ultimately, the strength of the case will depend on the evidence presented by both the prosecution and defense. In order to secure a conviction, the prosecution will need to present evidence that convincingly proves the accused's intent and the harm caused by the action. The defense may attempt to counter this evidence by arguing that there was no intent or no substantial harm caused. In conclusion, dealing with Section 245 of the Criminal Code of Canada requires careful consideration of the intent of the accused, the nature of the substance administered, and other factors such as the relationship between the accused and victim. Strategies can be employed by both the prosecution and defense to strengthen their case and undermine the opponent's case, but ultimately the verdict will be determined by the strength of the evidence presented.