Understanding Assault with a Weapon

A guide to legal provisions, what the Crown must prove, and sentencing.

Criminal Code Provision

1. Everyone who commits an aggravated assault who wounds, maims, disfigures or endangers the life of the complainant.
2. Everyone who commits an aggravated assault is guilty of an indictable offence and is liable to imprisonment for a term not exceeding fourteen years.

Understanding Assault with a Weapon

Aggravated assault is the most serious level of assault according to the Criminal Code. It goes beyond the basic assault, assault with a weapon, and assault resulting in bodily harm.

• Injures the complainant (laceration that penetrates the skin).
• Maims or Disfigures (causing permanent injury or scarring).
• Endangers life (severe violence, strangling, or intense assaults).

What the Crown Must Prove

1. An assault occurred (application of force without consent).
2. The assault resulted in wounding, mutilation, disfigurement, or threats to life.
3. The defendant aimed to inflict harm or was indifferent to the damage it might cause.

Consent and Defences

These are the key legal arguments considered when defending an aggravated assault charge:

• Consent is not a defence when serious bodily harm is caused.
• Self-defence may be available, but the response must be reasonable and proportionate to the threat faced.
• Accident or lack of intent may apply if the accused did not intentionally apply force.
• Charter violations may exclude unlawfully obtained evidence.

Sentencing for Aggravated Assault

Aggravated assault is always an indictable offence; there is no option of proceeding summarily.

1. Maximum Penalty: If convicted, is 14 years in prison. Jail is common in most cases.
2. Facts Courts Consider: The severity and permanence of the injuries, if a weapon was used, the vulnerability of the victim (youth, seniors, domestic partners), the accused’s criminal background and history of aggression, and if the attack was planned or unplanned.

Leading Case for Aggravated Assault

In the case of R. v. Godin, [1994] 2 S.C.R. 484, the Supreme Court verified that aggravated assault necessitates evidence of objective foreseeability of serious harm. The Court established that when an assault results in injury, mutilation, scarring, or endangerment of life, aggravated assault is established, regardless of whether the offender had the intention to cause such harm.