Simple Assault (Youth)

Simple assault is the most basic assault charge covering incidents not involving a weapon. A physical encounter is not necessary because even the mere act of threatening to hurt someone is enough to be charged.

Assault is covered under the Code starting at s.265 and occurs when intentional force is applied directly or indirectly without the consentVoluntary agreement to engage in an sexual act of another person. You may face trial if you threaten someone by act or gesture to use force or confront another person while openly wearing or carrying a weapon or imitation weapon. Because any assault is considered a violent crime, the consequences can be severe.

The charge of assault can be complex, but to win a conviction, the Crown prosecutorA lawyer who conducts a criminal prosecution on behalf of the public. only needs to prove three things 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 charged with assault as a youth, extrajudicial measuresYouth justice responses outside formal court proceedings. could be used. This involves handling the case outside the formal court process to rehabilitate an offender. However, if your case is not resolved through extrajudicial measures, it will be dealt with in youth court.

Defending yourself or another person against an attack is also a defence if you do not use excessive force. During your trial may be able to show the force you used was justified. For example, striking someone in a fight that both people consented to would not be considered assault under the Criminal Code. However, you can be found guilty if you are in a brawl and keep attacking when the other person is indefensible.

Your lawyer may also be able to show that your rights under the Canadian Charter of Rights and Freedoms were breached during the investigation.

When prosecuting a charge of simple assault, the Crown can elect to proceed as an indictable offenceA more serious type of Canadian criminal offence. or summary convictionUsed for lesser offences. The Crown will consider such factors as the seriousness of the allegations and your prior criminal record. A conviction for an indictable offence carries much harsher penalties.

An adult convicted of a simple assault by summary conviction could face two years less a day in jail and/or a $5,000 fine. If the Crown decides to proceed by indictment, an adult will face a maximum penalty of five years in prison. The judge will assess several factors when deciding on a punishment, including the facts of the case and any injuries suffered by the victim.

Because Canada had one of the highest youth incarceration rates in the Western world under the Young Offenders Act, the government introduced the YCJA in 2012. It mandated that jail terms should be reserved for the most serious cases. Sentencing is handled differently if you are between the ages of 12 and 18. The Department of Justice (DoJ) states the “youth criminal justice system must be separate from the adult system and based on the principle that youth are presumed to be less morally blameworthy than adults.”

Jail terms are intended primarily for violent offenders and serious repeat offenders.

Many different sentencing options are available to youth court judges if you are convicted of assault under the YCJA. They include community service, often under strict conditions, and jail time in a youth custody facility. You could also receive an absolute discharge.

This page is about a young person — someone aged 12 to 17 at the time of the offence — under the Youth Criminal Justice Act (YCJA).

A young person can be charged with this Criminal Code offence, but youth sentencing is different from adult sentencing. If the young person is found guilty, the youth justice court applies the Youth Criminal Justice Act.

Many less serious first-time youth matters may be handled through warnings, cautions, referrals, or extrajudicial measures instead of a formal court sentence. If the court does impose a youth sentence, the YCJA provides a range of options, including reprimands, discharges, probation, community service, restitution, and, in more serious cases, custody and supervision.

Custody is not the starting point for every youth case. The result depends on the charge, the facts, the young person’s history, the harm caused, the available programs, and the YCJA sentencing principles.

In rare cases, the Crown can ask for an adult sentence. That is not automatic. The court must apply the YCJA test before an adult sentence can be imposed.

For most offences, a custody-and-supervision order cannot exceed two years, or three years if the offence carries adult life imprisonment.

For a fuller explanation of how young people are sentenced, see How Youth Sentencing Works in Canada.