Understanding Assault Causing Bodily Harm

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

Criminal Code Provision: 267

Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years, or is guilty of an offence punishable on summary conviction, who, in committing an assault,

(b) causes bodily harm to the complainant.

Section 265(2) of the Criminal Code defines assault; this definition applies to every type of assault.

Understanding Assault Causing Bodily Harm

This offence occurs when an assault leads to physical injury. Bodily harm refers to any injury that affects an individual’s health or comfort and exceeds minor or insignificant damage. Injuries include bruises, cuts, swelling, a broken bone, and lasting pain that interferes with daily life.

What the Crown Must Prove

The Crown must prove:

• The accused committed an assault, which was intentional, or there was a threat of force without consent.
• The complainant experienced physical injury.
• The accused intended to cause the attack or acted carelessly and aimed to cause harm.

Consent and Defences

• Consent may be relevant in certain situations, but it does not justify attacks that lead to serious harm.
• Self-defence is an acknowledged justification if the level of force applied was appropriate given the situation.
• If the injury was unintended, then one can raise the defence of an accident or lack of intent.
• Charter challenges can dismiss evidence obtained unlawfully by the police.

Sentencing for Assault Causing Bodily Harm

Assault causing bodily harm is a hybrid offence, which allows the Crown to either proceed summarily or by way of indictment.

1. Summary Conviction: When prosecuted summarily, the highest penalty can be 18 months of imprisonment. For less severe cases, alternatives such as probation, fines, or conditional sentences may be applied.
2. Indictable Offence: If the Crown proceeds with an indictment, the highest penalty rises to 10 years of imprisonment.
3. Sentencing Factors Considered by Courts: When determining a sentence, courts consider multiple factors, including the type of weapon involved, the extent of the injury inflicted on the victim, and the circumstances surrounding the assault. An individual’s criminal history and any aggravating circumstances will significantly influence sentencing.

Landmark case of Assault Causing Bodily Harm

In the case of R. v. Jobidon, [1992] 2 SCR 714, the Supreme Court ruled that consent cannot be used as a defense when an assault leads to severe injury. While individuals may agree to minor physical interactions (such as sports), the law does not recognize consent to intentional injury that exceeds trivial harm.