Reported Sentencing Cases for Assault

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Age 13 Brampton Youth Court Assault with A Prior Record

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Age 13 Brampton Youth Court Assault with No Prior Record

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Age 15 Brampton Youth Court Assault with A Prior Record

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Age 15 Brampton Youth Court Assault with No Prior Record

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It is an "assault" in Canada if you apply any force intentionally to another person without their consent or by some types of threats. An assault can include an unwanted touch, cigarette smoke in the face, a boot thrown, a kick, or a kiss. The concept of assault is very very wide.

 

Assault can be a simple assault, also known as a "common assault" under Criminal Code section 266. The word "assault" is defined in section 265. 

 

Assault can also be in a much more serious form where there is a weapon used or where there is bodily harm caused by the assault. See Criminal Code section 267.

 

Aggravated assault is a very very serious offence involving wounding.

 

There is another offence of "unlawfully causing bodily harm" under section 269.

 

An assault on a police officer is governed by section 270.

 

Generally speaking, you can't consent to any kind of bodily harm. However, if there is no bodily harm you may have a defence of a fair fight if both parties consented to the fight. 

 

Although a hockey game frequently involves physical application of force, there is consent to physical contact in accordance with the rules of the game. There is generally no consent to bodily harm or use of a weapon such as a hockey stick in an assault.

 

Criminal Code excerpts with adult punishments:

 

Uttering threats

 

264.1 (1) Every one commits an offence who, in any manner, knowingly utters, conveys or causes any person to receive a threat

 

(a) to cause death or bodily harm to any person;

 

(b) to burn, destroy or damage real or personal property; or

 

(c) to kill, poison or injure an animal or bird that is the property of any person.

 

Punishment

 

(2) Every one who commits an offence under paragraph (1)(a) is guilty of

 

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

 

(b) an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.

 

(3) Every one who commits an offence under paragraph (1)(b) or (c)(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or(b) is guilty of an offence punishable on summary conviction.

 

R.S., 1985, c. 27 (1st Supp.), s. 38; 1994, c. 44, s. 16.

 

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.

 

(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.

 

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.R.S., c. C-34, s. 245; 1972, c. 13, s. 21; 1974-75-76, c. 93, s. 22; 1980-81-82-83, c. 125, s. 19.

 

Assault with a weapon or causing bodily harm

 

267. Every one who, in committing an assault,

 

(a) carries, uses or threatens to use a weapon or an imitation thereof, or

 

(b) causes bodily harm to the complainant,is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years or an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.

 

R.S., 1985, c. C-46, s. 267; 1994, c. 44, s. 17.

 

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.

 

Unlawfully causing bodily harm

 

269. Every one who unlawfully causes bodily harm to any person is guilty of

 

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

 

(b) an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.

 

R.S., 1985, c. C-46, s. 269; 1994, c. 44, s. 18.