Assault causing bodily harm

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Assault causing bodily harm is a statutory offence of assault in Canada with aggravating factors. It is committed by anyone who, in committing an assault, causes bodily harm to the complainant.[1] It replaces the offence of assault occasioning actual bodily harm. In Canada, a consentual fight is not considered an assault, but one cannot consent to an assault causing bodily harm.

Bodily harm[edit]

Main article: Bodily harm

Bodily harm is defined 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.[2] This definition is similar (if it is not word for word) to the common law definition of actual bodily harm stated, at page 509, in R v. Donovan [1934] 2 KB 498 (also 25 Cr. App. Rep.1 CCA) and repeated, at 557D, in R v. Chan-Fook [1994] 2 All ER 552 (where the reference to transient or trifling injuries is taken as applying to actual bodily harm rather than bodily harm).

Mode of trial and sentence[edit]

Assault causing bodily harm is a hybrid offence or dual offence. It is punishable, on conviction on indictment, with imprisonment for a term not exceeding ten years, or, on summary conviction, with imprisonment for a term not exceeding eighteen months.[3] This is a rare case where the offence punishment defines a summary conviction punishment rather than defaulting to S. 787 of the Criminal Code of Canada. [4]

References[edit]

  1. ^ Canadian Criminal Code, section 267(b) [1] (English) [2] (French); this paragraph is based on the English text, but the French text has equal authority.
  2. ^ Canadian Criminal Code, Section 2 [3] (English) [4] (French); ); this paragraph is based on the English text, but the French text has equal authority.
  3. ^ Canadian Criminal Code, section 267 [5] (English) [6] (French); this paragraph is based on the English text, but the French text has equal authority.
  4. ^ Criminal Code of Canada, http://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-46/latest/rsc-1985-c-c-46.html