Assault

There are three circumstances that can form the basis of all assault related offences:

1. When a person intentionally applies force to another person without his or her consent
2. When a person attempts or threatens, through his actions to apply force to another person and either carries out that threat or causes the other person to believe that he has the ability to carry out that threat at that time.
3. When a person openly carrying a weapon or imitation weapon confronts or blocks another person or begs.

When is there valid consent?

In an assault charge the victim of an alleged offence is called the complainant. Consent from a complainant to be touched by the accused is not valid if permission was given while force is being applied, while under threat of the application of force to himself or another person, when given in fraudulent circumstances, or if force is being applied under the exercise of authority.

Consent is not valid if it wasn’t given freely by the complainant, who is aware of all the risks of the force to be applied. For this reason, sports participants are not being assaulted if they are injured within the normal course of a game. But, injuries purposefully inflicted and intended to cause harm that are not a normal part of a sport may be considered assault. In the course of a consensual fight, where both parties agree to participate, consent is valid, unless bodily harm is intentionally applied causing a serious hurt or non-trivial injury.

Assault s. 266 CCC

Section 266 is an offence for the simplest form of assault. A requirement of assault is that the person applying force intended to do so. As a result, accidentally bumping into someone will not make out an assault. However, intentional touching even as minor as touching someone’s arm without his consent is an assault. As mentioned above, an assault can be made out by threatening another person to apply force to them and having the ability to act on those threats at the time.

Some assault charges can be resolved by other means in a Diversion Program or through a common-law Peace Bond. First-time offenders charged with relatively minor assaults may be approved to participate by making a donation to a charity or completing some community service hours. If Diversion is successfully completed the charges will be withdrawn and will not result in a criminal record.

A common-law Peace Bond under s. 810 CCC allows the accused to enter into a recognizance (an undertaking with the court) to keep the peace and be of good behaviour for a period of no more than 12 months. Upon entering the Peace Bond the charges are withdrawn. However, if the accused breaches the Peace Bond, he will face new criminal charges for breaching a court order.

Assault with a Weapon or Assault Causing Bodliy Harm s. 267*

A person can be charged under s. 267 CCC if it is alleged that while committing an assault, the accused used a weapon or imitation weapon or caused bodily harm to the complainant. A weapon is anything that can be used or intended to be used to cause death or injury to a person or to threaten or intimidate a person. Bodily harm is any injury that is more than “transient or trifling in nature.”

Aggravated Assault s. 268*

An aggravated assault is committed when an accused wounds, maims, disfigures or endangers the life of the complainant.

To commit aggravated assault a person does not have to intend to wound, maim or disfigure the complainant. It need only be objectively foreseeable that the accused’s assault on the complainant would cause bodily harm. Wounding involves breaking the complainant’s skin. Endangering the complainant’s life must involve actual endangerment, not just the potential to put him in danger. Consent to this offence is not a defence if injuries to the complainant are caused by the use of a weapon like a knife.

Sentencing for conviction of any of these offences can include one of the following; a conditional or absolute discharge; a suspended sentence; a fine ; a combination of fine and probation; a term of imprisonment; a combination of prison or probation; prison and a fine; an intermittent sentence; or a fine, probation and intermittent sentence. Conviction under an indictment will result in a mandatory firearms prohibition and a mandatory firearms forfieture order. A summary conviction may include a discretionary firearms order. A victim fine surcharge may apply to any conviction. In some instances a person convicted of any of these offences may be required to provide a DNA sample.

Hiring a Lawyer

Do not plead Guilty.

Assault, assault causing bodily harm, aggravated assault, and assault with a weapon are very serious criminal charges. Not only are the repercussions life changing and long term, but if you are found guilty of committing assault the effects can negatively impact your family, career, and future. If you are currently facing charges for assault of any type, it is imperative that you hire an experienced criminal lawyer to protect your future.

Contact one of the lawyers at 30 Queens St. N for a free consultation.