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Assault Causing Bodily Harm

Assault Causing Bodily Harm Canada

Assault Causing Bodily Harm is a more serious charge than a simple Criminal Assault. If a person is convicted of committing an Assault Causing Bodily Harm, a potential repercussion (i.e. criminal sentence) can be much higher than a conviction for an simple Assault charge. If you are facing a charge of an Assault Causing Bodily Harm, you should seek help of a Criminal Assault Lawyer (i.e. Criminal Defence Lawyer). DUVADIE Law can assist you in YOUR defence by mounting a strong case and/or obtaining a reduced sentence for you. 

What is Assault Causing Bodily Harm?

A criminal charge of an Assault Causing Bodily Harm is defined under Section 267 of the Criminal Code of Canada. This charge may be laid on an accused person when an assault, which is an application of force to another person without his/her consent results in Bodily Harm.  

Bodily harm is defined in the Section 2 of the Criminal Code of Canada 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 foreseeability of the risk of bodily harm and not necessarily objective foreseeability of the risk of the specific type of harm that actually happened on the complainant.  

In a 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 the accused pushed the complainant more forcefully than would could cause a stumble.

Therefore, it was objectively foreseeable that this action would create risk of bodily harm which is neither transitory or trivial. The court found the accused was guilty of an 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). 

Aggravated Assault vs Assault Causing Bodily Harm

Aggravated Assault, defined in section 268 of the Criminal Code of Canada, involves wounding, maiming or disfiguring the complainant or endangering his or her life.

To further read about the key conceptual distinction between Aggravated Assault and other forms of assault, please click Aggravated Assault.

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 where as 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. Sexual Assault Causing Bodily Harm carries very serious penalties. This charge is laid against every person who, in committing sexual assault also causes bodily harm to the complainant or is a party to the offence with any other person.

An Assault Causing Bodily Harm does not involve a sexual assault but an assault that caused bodily harm to the complainant.  Here, you can read about Sexual Offences.

What is Penalty for Assault Causing Bodily Harm?

  1. “Will I go to jail for assault causing bodily harm conviction?”, or
  2. “How much jail time for an assault causing bodily harm?”

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 an indictable offence. The assault with bodily harm 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 18 months.

The sentencing hearing judge for an assault causing bodily harm sentencing would look at mitigating and aggravating factors among other things at a sentencing hearing after a conviction resulting via trial or a plea hearing to decide on severity of a sentence. Each case has its own set of unique factors regarding the incident, people involved, circumstance, etc.

Therefore, it is essential have to a professional legal help from an experienced Criminal Lawyer who can present a best case in YOUR defence.  

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;
  • arguing that the harm was not severe and thus the lesser charge of simple Criminal Assault would be more appropriate; or
  • arguing 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 Dec 6, 2018 @ 18:14

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