Assault

Assault

Assault causing bodily harm

Aggravated assault

Essentially, an assault is defined by using force against another person, without their consent. Since there is a broad interpretation of what constitutes an assault, this crime includes a wide range of gestures. For example, you can be charged with an assault by touching an individual with your finger, grabbing his arm, pushing him, slapping him or punching him. The intensity of these acts varies greatly. As a result, the legislator created three categories of assaults, which is relevant to determine the nature and the gravity of the act.

To determine which type of assault a person will be charged with, the Crown prosecutor relies on the injuries caused to the plaintiff. For instance, if a person is punched but no injuries result from this act, the defendant will be charged with a simple assault, even if a punch requires more force than grabbing someone by the arm. On the other hand, if the punch causes a fracture, the accused can be charged with an assault causing bodily harm.

Contact a qualified criminal attorney to receive the appropriate legal advice concerning your case.

Section 265 of the Criminal Code: Assault

265 (1) A person commits an assault when

a) without the consent of another person, he applies force intentionally to that other person, directly or indirectly;

b) he attempts or threatens, by an act or a gesture, to apply force to another person, if he has, or causes that other person to believe on reasonable grounds that he has, present ability to effect his purpose; or

c) while openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs.

Application

(2) This section applies to all forms of assault, including sexual assault, sexual assault with a weapon, threats to a third party or causing bodily harm and aggravated sexual assault.

Consent

(3) For the purposes of this section, no consent is obtained where the complainant submits or does not resist by reason of

a) the application of force to the complainant or to a person other than the complainant;

b) threats or fear of the application of force to the complainant or to a person other than the complainant;

c) fraud; or

d) the exercise of authority.

Accused’s belief as to consent

(4) Where an accused alleges that he believed that the complainant consented to the conduct that is the subject-matter of the charge, a judge, if satisfied that there is sufficient evidence and that, if believed by the jury, the evidence would constitute a defence, shall instruct the jury, when reviewing all the evidence relating to the determination of the honesty of the accused’s belief, to consider the presence or absence of reasonable grounds for that belief.

Section 266 of the Criminal Code: Punishment for Assault

266 Every one who commits an assault is guilty of

a) an indictable offence and is liable to imprisonment for a term not exceeding five years; or

b) an offence punishable on summary conviction.

Section 267b) of the Criminal Code: Assault 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,

b) causes bodily harm to the complainant, or

Section 268 of the Criminal Code: Aggravated assault

268 (1) Every one commits an aggravated assault who wounds, maims, disfigures or endangers the life of the complainant.

Punishment

(2) Every one who commits an aggravated assault is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.