Causing actual bodily harm to a complainant during the course of an assault aggravates a ‘simple’ Assault charge to that of ‘Assault Cause Bodily Harm’. This charge is more serious than simple Assault and the sentences are greater due to the degree of harm suffered by the complainant.
What is Assault Cause Bodily Harm?
Criminal Code of Canada: Assault Cause Bodily Harm
Section 267(b) Criminal Code of Canada defines Assault Cause Bodily Harm as:
- 267 “Every one who, in committing an assault,
(b) causes bodily harm to the complainant.”
Frequently Asked Questions (FAQ’s)
Bodily Harm is defined in S. 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.”
‘Transient’ and ‘trifling’ are interpreted by the courts to mean an injury that would cause a minor degree of distress and interfere with the comfort of a complainant.
Examples of Bodily Harm include minor injuries, scrapes, lacerations, superficial injuries that cause significant bruising or abrasions. Bodily Harm includes both physical injuries and physiological harm. Generally, the court will look to the overall effect of a complainant’s injuries to determine if the harm constitutes bodily harm or is life-threating, thus elevating the charge to Aggravated Assault.
An Assault Cause Bodily Harm charge carries with it significant consequences. Being found guilty of Assault Cause Bodily Harm, could result in a criminal record, jail time, and could potentially have a collateral impact such as immigration consequences or a significant impact to one’s personal or professional life.
Assault Cause Bodily Harm is a hybrid offence, meaning that the Crown Attorney can elect whether to try the accused summarily or by indictment. If the Crown Attorney proceeds by summary conviction, the maximum penalty is 18 months’ imprisonment or a $5,000 fine or both. However, if the prosecutor proceeds by indictment, the maximum penalty is 10 years’ imprisonment. In addition to imprisonment, there are a number of Ancillary Orders that could also be imposed on the accused upon a finding of guilt, namely; DNA Orders, and Weapon Prohibition Orders.
Why Should You Retain Passi & Patel?
If you, a friend or a loved one, is charged with Assault Cause Bodily Harm, the matter must be taken very seriously. At Passi & Patel, we understand the very significant consequences and long-term repercussions that may follow a conviction for Assault Cause Bodily Harm. Sentences are often determined by the degree of harm suffered by the complainant. There are significant penalties one could face, including 18 months’ imprisonment for a summary conviction and 10 years’ imprisonment for an indictable conviction.
Professional legal advice from criminal defence lawyers can make a significant difference in how a matter proceeds through the court. As experienced and skilled Milton criminal lawyers, we will take all the necessary steps to obtain the best possible results. Contact Passi & Patel Criminal Lawyers today to get the process started with a no obligation consultation.
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