Assault Causing Bodily Harm in Canada is a more serious charge than a simple criminal assault. If a person is convicted of committing an Assault Causing Bodily Harm, a potential criminal sentence can be much higher than a conviction for a simple Assault charge. If you are facing a charge of Assault Causing Bodily Harm or Assault with a Weapon, seek the help of a Criminal Defence Lawyer. DUVADIE Law can assist you in YOUR defence by mounting a strong case and/or getting a reduced sentence for you.
What is Assault Causing Bodily Harm?
Section 267 of the Criminal Code of Canada defines the criminal charge of Assault Causing Bodily Harm. The authorities may lay this charge on an accused person when an assault, which is an application of force to another person without his or her consent results in Bodily Harm.
The section 2 of the Criminal Code of Canada defines Bodily Harm as “any hurt or injury to a person that interferes with the health or comfort of the person and that is more than merely transient or trifling in nature.”
Assault Causing Bodily Harm Examples
Canadian Courts have found the mental state required to convict an accused person for an assault causing bodily harm to the standard of objective foresee-ability of the risk of bodily harm and not necessarily objective foresee-ability of the risk of the specific harm that happened on the complainant.
In the case of R. v. Dewey, (R. v. Dewey, [1998] A.J. No. 1456), the accused came between two men who were fighting in a bar and forcefully shoved the complainant. The complainant hit his head on a corner of a wall and was seriously injured. The trial judge found that the accused pushed the complainant more forcefully than could cause a stumble.
Therefore, it was objectively foreseeable that this action would create a risk of bodily harm, which is neither transitory nor trivial. The court found the accused guilty of assault causing bodily harm.
The Canadian Courts have found that interference with comfort — that is, discomfort — is sufficient to constitute bodily harm if it is more than trifling and transient. Pain causing discomfort, if it is more than trifling and transient, is sufficient, even if it does not impair a person’s ability to function, (R. v. Moquin, [2010] M.J. No. 46).
What is the difference between Aggravated Assault and Assault Causing Bodily Harm?
Aggravated Assault is defined in section 268 of the Criminal Code of Canada. It involves wounding, maiming or disfiguring a person(s) or endangering life. To further read about Aggravated Assault, click here.
What is the sentence for Assault Causing Bodily Harm?
- Will I go to jail for assault causing bodily harm conviction?
- How much jail time can you get assault causing bodily harm?
- What is the punishment for assault causing bodily harm in Canada?
Assault causing bodily harm Canada sentencing is a hybrid offence. This means the Crown Attorney will choose whether to prosecute the charge as a summary or indictable offence. The assault with bodily harm in Canada carries the same penalty as an assault with a weapon conviction: on indictment the offence in punishable to the maximum penalty of 10 years, or on summary conviction with a maximum of 2 years less a day.
The sentencing hearing judge for an assault causing bodily harm sentencing would look at mitigating and aggravating factors at a sentencing hearing after a conviction resulting via trial or a plea hearing to decide on the severity of a sentence. Each case has its own set of unique factors regarding the incident, people involved, circumstances, etc.
Therefore, it is essential to have a professional legal help from an experienced Criminal Lawyer who can present a best case in YOUR defence.
What is Sexual Assault Causing Bodily Harm?
Sexual Assault Causing Bodily Harm is defined under Section 272 of the Criminal Code of Canada. It is a straight indictable offence whereas an Assault Causing Bodily Harm is a hybrid offence, meaning a Crown Prosecutor has a discretion to either proceed as indictable (more serious) or summary (less serious) offence. To read more about Sexual Assault, click here.
Sexual Assault Causing Bodily Harm carries very serious penalties. This charge is laid against every person who, in committing a sexual assault, also causes bodily harm to the complainant or is a party to the offence with any other person. However, an Assault Causing Bodily Harm does not include a sexual assault but rather an assault that caused bodily harm to the complainant.
How can DUVADIE Law defend me against a charge of Assault Causing Bodily Harm?
Some ways that DUVADIE Law may defend your charge of Assault Causing Bodily Harm include:
- questioning witnesses’ ability to identify you as the person who committed the offence;
- laying a case that the harm was not severe and thus the lesser charge of simple Criminal Assault would be more appropriate; or
- laying a case that you were acting in self-defence, defence of another person and/or defence of property.
If you are facing a charge of assault causing bodily harm, you will want to ensure that your have a skilled lawyer working to defend you. Please call DUVADIE Law at 613-442-1155 or Toll-Free at 1-855-422-1155 to set up your free 30 minute consultation.
Page last updated Nov 11, 2019 @ 20:59
