An assault is defined in s. 265(1) of the Criminal Code as the direct or indirect application of force intentionally to another person, or an attempt or threat to do so, without the other person’s consent. All forms of assault, including sexual assault are covered by this section.
This offence involves an assault as defined in s. 265 of the Criminal Code while the accused carries, uses or threatens to use a weapon or imitation weapon. A weapon is anything which can be or is intended to be used for causing injury or death or for the purpose of threatening or intimidating any person.
An aggravated assault is an assault as defined in s. 265 of the Criminal Code where a person wounds, maims or disfigures another person during an assault where they ought to have forseen the risk that their actions might cause bodily harm. A wound requires a break in the continuity of the “whole skin” (an injury to all layers of the skin) that constitutes serious bodily harm. To maim is to cause any injury which deprives another person of the use of any limb or member of the body, or renders that person defective in bodily vigor. To disfigure someone means to cause them more than a temporary mark.
An assault causing bodily harm is an assault as defined in s. 265 of the Criminal Code where the person (i) objectively foresees that the assault would subject the that person to the risk of bodily harm and also (ii) causes bodily harm to another person. “Bodily harm” is a relatively low bar, and includes any injury to a person that interferes with their health or comfort and can include psychological harm.
Consent can be a defence to some assaults. For instance, two people engaged in a consensual fight would not be considered an assault. However, if a person means to cause bodily harm to the other person and does cause bodily harm to the person during the fight, then consent cannot be relied on as a defence. On the other hand, if you did not mean to cause bodily harm during a consensual fight but accidentally did while fighting, you may still be able to rely on consent as a total defence.
Obviously, it is impossible to outline the nuances and intricacies of the consent defence in a few paragraphs. If you are facing an assault charge and believe that the other person provided their consent by their words or conduct, we encourage you to reach out to us without delay. We offer a free consultation to discuss your situation and explore the available options.
If you face an assault charge listed above, but acted in self-defence or to protect someone else, you may be able to assert a claim of self-defence under section 34 of the Criminal Code. In a notable case, R. v. Khill, 2021 SCC 37, the Supreme Court of Canada established the criteria for successfully invoking self-defence. To make a successful claim, you must demonstrate the following:
1) You reasonably believed that force or the threat of force was being used against you.
2) Your intention in responding to the threat was to safeguard yourself or another person.
3) The actions you took were reasonable considering the circumstances.
If you are facing an assault charge and believe that you acted in self-defence, we encourage you to reach out to us without delay. We offer a free consultation to discuss your situation and explore the available options.
Consequences of Being Found Guilty of an Assault Offence
The consequences of being found guilty of an Assault offence can be serious. It can also have other serious implications on your life including: a criminal record, issues with obtaining or maintaining employment or volunteer opportunities, travel restrictions, jail time, a period of probation with strict conditions, a victim fine surcharge, a weapons prohibition order and an order allowing the police to collect and store your DNA on the national DNA data bank.
At Godinho Zager LLP, our Criminal Lawyers possess extensive expertise in handling all types of Assault offences and strive to achieve the best possible outcome for clients facing such charges. If you have been charged with an Assault offence, we encourage you to contact us promptly. We offer a free consultation to discuss your situation and explore the available legal options.
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