Poison, destructive or noxious thing R v Marcus [1981] 2 All ER 833. FACTS: In this case 'poison, destructive or noxious thing' was broadly interpreted. It had been argued on behalf of the defendant that tablets she had administered were intrinsically harmless and could not become noxious for the purpose of the OAPA 1861, s 24 purely because of the amount given. HELD: In his judgment dismissing the appeal, Tudor Evans J stated a substance was noxious if it was hurtful, unwholesome or objectionable. This will depend on each case, and the jury should take into account all the circumstances including the nature of the substance and the quantity given.