QUICK TAKEAWAY
Simple Assault (Youth): Assault is covered under s.265 of the Criminal Code and is punishable by up to six months in jail or a $5,000 fine. If you are between the ages of 12 and 18 and are convicted of assault. You will be sentenced under the Youth Criminal Justice Act (YCJA) and face varying punishments, from probation to custody in a youth facility. Simple assault can involve a push or a threat that causes the victim to fear that they may suffer harm. You don't have to touch someone physically to be charged with assault.
Table of Contents:
What is Simple Assault?
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 consent 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.
What is Needed to Convict
The charge of assault can be complex, but to win a conviction, the Crown prosecutorLawyers who prosecutes charges on behalf of the Crown 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 measuresProceedings outside the formal court process 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.
Indictable Offence or Summary Conviction
When prosecuting a charge of simple assault, the Crown can elect to proceed as an indictable offenceIndictable offences are more-serious criminal offences 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.
Penalties for Simple Assault
An adult convicted of a simple assault by summary conviction could face six months 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.
VictoriaLawyersNear Me
Catherine Tyhurst
James I. Heller
Mccullough Watt Sutton Lynskey & Hodson
Costa Law Victoria BC
Marie Morrison Law Corp.
Claus & Co
Glossary of Legal Terms
Crown prosecutor
Lawyers who act for the federal, provincial and territorial governments and prosecute people accused of crimes on behalf of the Crown.
Extrajudicial measures
Proceedings outside the formal court process. Examples include police warnings, referrals to community programs and Crown cautions. Extrajudicial measures are seen as an effective response to less serious youth crime.
Indictable offence
Indictable offences are the most serious offences under the Criminal Code and they come with more serious punishments, up to a maximum penalty of life in prison.
Reasonable doubt
The Supreme Court of Canada has said that reasonable doubt “falls much closer to absolute certainty than to proof on a balance of probabilities” and “that something less than absolute certainty is required, and that something more than probable guilt is required."
Summary conviction
Summary convictions are used for lesser offences with penalties, fines and short jail time. They reflect the majority of offences as defined in the Code.
