Overcoming resistance to the commission of offence
246 Every one who, with intent to enable or assist himself or another person to commit an indictable offence,
- (a)attempts, by any means, to choke, suffocate or strangle another person, or by any means calculated to choke, suffocate or strangle, attempts to render another person insensible, unconscious, or incapable of resistance, or
- (b)administers or causes to be administered to any person, or attempts to administer to any person, or causes or attempts to cause any person to take a stupefying or overpowering drug, matter, or thing,
is guilty of an indictable offence and liable to imprisonment for life.
- S., c. C-34, s. 230
- 1972, c. 13, s. 70
Assault with a weapon or causing bodily harm
267 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years or is guilty of an offence punishable on summary conviction who, in committing an assault,
- (a) carries, uses or threatens to use a weapon or an imitation thereof,
- (b) causes bodily harm to the complainant, or
- (c) chokes, suffocates or strangles the complainant.
- R.S., 1985, c. C-46, s. 267
- 1994, c. 44, s. 17
- 2019, c. 25, s. 93
https://laws-lois.justice.gc.ca/eng/acts/c-46/section-267.html
Sexual assault with a weapon, threats to a third party, or causing bodily harm
272 (1) Every person commits an offence who, in committing a sexual assault,
- (a) carries, uses or threatens to use a weapon or an imitation of a weapon;
- (b) threatens to cause bodily harm to a person other than the complainant;
- (c) causes bodily harm to the complainant;
- (c.1) chokes, suffocates or strangles the complainant; or
- (d) is a party to the offence with any other person.
Marginal note: Punishment
(2) Every person who commits an offence under subsection (1) is guilty of an indictable offence and liable
- (a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if any firearm is used in the commission of the offence and the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for a term not exceeding 14 years and to a minimum punishment of imprisonment for a term of
- (i) in the case of a first offence, five years, and
- (ii) in the case of a second or subsequent offence, seven years;
- (a.1) in any other case where a firearm is used in the commission of the offence, to imprisonment for a term not exceeding 14 years and to a minimum punishment of imprisonment for a term of four years; and
- (a.2) if the complainant is under the age of 16 years, to imprisonment for life and to a minimum punishment of imprisonment for a term of five years; and
- (b) in any other case, to imprisonment for a term not exceeding fourteen years.
Marginal note: Subsequent offences
(3) In determining, for the purpose of paragraph (2)(a), whether a convicted person has committed a second or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence:
- (a) an offence under this section;
- (b) an offence under subsection 85(1) or (2) or section 244 or 244.2; or
- (c) an offence under section 220, 236, 239 or 273, subsection 279(1) or section 279.1, 344 or 346 if a firearm was used in the commission of the offence.
However, an earlier offence shall not be taken into account if 10 years have elapsed between the day on which the person was convicted of the earlier offence and the day on which the person was convicted of the offence for which sentence is being imposed, not taking into account any time in custody.
Marginal note: Sequence of convictions only
(4) For the purposes of subsection (3), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction.
- R.S., 1985, c. C-46, s. 272
- 1995, c. 39, s. 145
- 2008, c.