Assault Causing Bodily Harm charges are far more serious than simple assault cases given the injuries involved. The crown attorney must prove beyond a reasonable doubt that an assault occurred and that the victim suffered bodily harm. Causation is an element of the offence, which means the crown must also prove that the accused person’s violence must have been a contributing cause, and not simply minimal or insignificant cause of the injuries sustained.
Common defences to Assault with a Weapon charges include: defence of person (self-defence), defence of property and Accident/Mistake. For public policy and safety reasons, the law prohibits consensual fights which result in bodily harm and were intended to cause bodily harm. This means that consent may amount to a defence to a charge of Assault Causing Bodily Harm as long as bodily harm was not intended. If you’re facing an assault charge you need to tell your lawyer exactly what happened to allow he/she to explore any potential defences in your case. Call our office now to setup a consultation.
Police typically lay the more serious offence of Assault Causing Bodily Harm in instances where the victim suffers injuries such as: a bloody nose, serious bruising, lacerations, broken teeth and broken bones. If the injuries go beyond this the police have the option of laying the offence of Aggravated Assault.
Assault Causing Bodily Harm is a hybrid offence, which means the crown attorney can elect to proceed by way of summary conviction or indictment. If the crown proceeds by way of summary conviction the maximum penalty is a $5,000 fine and/or eighteen months in a provincial jail. If the crown elects to proceed by indictment the maximum penalty under section 267 of the Criminal Code is ten years in a penitentiary. Summary conviction offences typically carry a maximum penalty of a $5,000 fine and/or six months’ imprisonment. Assault Causing Bodily Harm (like Sexual Assault, Uttering Death Threats and Assault with a Weapon) is a “super-summary” offence which carries an increased maximum penalty. It is not uncommon for crown attorneys to seek incarceration upon conviction in such cases.