Assault Causing Bodily Harm Laws in Canada

To gain a conviction, the Crown prosecutorLawyers who prosecutes charges on behalf of the Crown 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. Implied consent could be used in an assault defence when an injury occurred during a fistfight if it can be proven the victim willingly participated. However, the law states that a person cannot consent to bodily harm. This is where the degree of force comes into play.

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 reaHaving criminal intent, knowledge, or recklessness) to cause bodily harm. They don’t need to prove there was an intent to maim, wound or disfigure.