Assault Causing Bodily Harm

There are several categories of assault in the Criminal Code beginning at s.265 that states that you can face prosecution if you apply intentional force directly or indirectly on a victim without their consentVoluntary agreement to engage in an sexual act. The charge is broken down into domestic or non-domestic categories. 

Domestic Assault

If you assault someone you are in a relationship with, such as a spouse or boyfriend or girlfriend, you could be charged with domestic assault, which is treated more seriously. See Domestic Violence.

Non-Domestic Assault

If a person has suffered injuries because of something you have done, you can face a criminal charge for assault causing bodily harm. Those injuries can range from a few scratches to broken bones or a combination of injuries. 

The Code states that to convict, the Crown must prove the injury was not "trifling" (insignificant or petty) or "transient" means something that will pass with time.

To gain a conviction, the Crown prosecutorA lawyer who conducts a criminal prosecution on behalf of the public. must prove beyond a reasonable doubtThe standard that must be exceeded to find someone guilty that you:

• applied force to someone; 
• the victim did not consent to that force; and 
• the force was applied intentionally.

If you are accused of assault, your defence attorney might submit evidence to show your actions were not intentional. There could also be reasons why your arrest was not lawful under the Canadian Charter of Rights and Freedoms.

The nature of the injuries will be used to determine whether you can be convicted of simple assault or assault causing bodily harm. For example, bruises would not necessarily be considered to be bodily harm unless those bruises were combined with other injuries, such as a cut to the head.

There are defences your lawyer can use if you have been charged with assault causing bodily harm If you were acting in self-defence and did not mean to inflict grievous harm you could be acquitted. A person cannot usually rely on another person's consent to a fight where the intended force causes serious or non-trivial bodily harm. Limited contexts, such as properly regulated sport or medical treatment, may be treated differently. This issue is fact-specific and should not be described as automatic consent or automatic non-consent.

As well, you cannot be convicted of assault causing bodily harm if your actions were taken to protect yourself, your property or other people and their property.

It is important to note those actions would not be justified if you keep attacking someone when they are down. As well, excessive force cannot be used to defend yourself against someone breaking into your home.

The Crown must establish there was an intent (mens reaThe mental element required for an offence.) to cause bodily harm. They don’t need to prove there was an intent to maim, wound or disfigure.

Assault causing bodily harm is a hybrid offenceAn offence the Crown can proceed with summarily or by indictment. (good idea for an article). If you are facing trial the Crown can proceed with the charge as an indictable offenceA more serious type of Canadian criminal offence. and you would face imprisonment. The prosecutor could deal with the offence as a summary convictionUsed for lesser offences, which has less severe punishment. 

The Crown will consider such factors as the seriousness of the incident and your prior criminal record when deciding how to proceed.

You can face a maximum penalty of two years less a day in jail if you are convicted of the summary offence of assault causing bodily harm. If those charges proceed by indictment, the maximum penalty is a prison term of 10 years.