Assault causing bodily harm is a serious criminal offence that can lead to significant legal consequences. Under the Criminal Code, this type of assault occurs when an individual intentionally applies force to another person without their consent and, in doing so, causes bodily harm. The term โbodily harmโ refers to any injury that is more than superficial or transient, such as broken bones or deep cuts, which interfere with the victimโs health or comfort.
What is Assault Causing Bodily Harm in Canada?
Assault Causing Bodily Harm in the Criminal Code refers to an assault that results in significant physical injury to the victim. Section 267 states:
โEvery 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,
- (a) carries, uses or threatens to use a weapon or an imitation thereof,
- (b) causes bodily harm to the complainant, or
- (c) chokes, suffocates or strangles the complainant.โ
In other words, for an assault to qualify as causing bodily harm assault, the injury must be more significant than minor cuts or bruises and impact the health and well-being of the victim.
What is Bodily Harm?
Bodily harm is defined in Section 2 of the Criminal Code of Canada as:
โAny hurt or injury to a person that interferes with the health or comfort of the person and that is more than merely transient or trifling in nature.โ
Common examples of bodily harm include:
- Broken bones
- Deep cuts requiring stitches
- Severe bruising
- Concussions or other head trauma
In simpler terms, bodily harm refers to injuries that are more than minor or temporary. For an injury to qualify as bodily harm it must have a noticeable impact on the victimโs health or comfort and not be something superficial or quickly passing. If the injuries are deemed minor the offence may be categorized as simple assault rather than assault causing bodily harm.
What is the Difference Between Simple Assault and Assault Causing Bodily Harm?
The main difference between simple assault and assault causing bodily harm lies in the severity of the injury sustained by the victim. Simple assault involves the intentional application of force to another person without their consent but does not result in any significant or lasting injury. However, assault causing bodily harm involves more severe injury that interferes with their comfort and well-being. In addition, simple assault typically carries lighter penalties, such as fines or probation, while assault causing bodily harm is considered a more serious offence.
What is the Punishment for Assault Causing Bodily Harm in Canada?
Assault causing bodily harm is classified as a hybrid offence, meaning it can be prosecuted either as an indictable offence or by summary conviction based on the circumstances of the case and the severity of the harm caused. Therefore, the punishment for assault causing bodily harm in Canada varies depending on how the Crown elects to prosecute the offence.
Assault Causing Bodily Harm as an Indictable Offence
If the Crown proceeds by indictment, which is typically reserved for more serious cases, the maximum penalty for assault causing bodily harm is up to 10 years of imprisonment. The maximum sentence provides courts with discretion to impose a lengthy prison term in cases where the injury or circumstances surrounding the assault are particularly severe.
Assault Causing Bodily Harm as a Summary Conviction
If the Crown chooses to proceed summarily, which usually applies in less serious cases, the penalties are less severe. A person convicted of assault causing bodily harm by summary conviction is subject to a maximum of 18 months imprisonment and a $5,000 fine. This option is used in cases where the injury is on the lower end of the bodily harm spectrum or where there are mitigating factors that reduce the seriousness of the offence.
There is no mandatory minimum sentence for assault causing bodily harm, giving judges flexibility to consider various factors when determining an appropriate sentence. These factors may include whether it is a first offence, the extent of the victimโs injuries, and any aggravating or mitigating circumstances, such as whether a weapon was used or whether the offender has shown remorse. In some cases, offenders may receive probation or alternative sentencing options, depending on the specifics of the case and their criminal history.
How a Lawyer Can Help with an Accusation of Assault Causing Bodily Harm
When you are faced with an accusation of assault causing bodily harm, having an experienced criminal lawyer by your side is critical for ensuring that your rights are protected and that you receive the best possible defence.
Building a Defence Strategy
A skilled lawyer will assess the facts of your case and develop a defence strategy. Common defences to assault causing bodily harm include:
- Self-defence: If you used force to protect yourself or someone else from harm.
- Consent: If the victim consented to the physical contact, such as in a sports context.
- Lack of Intent: If the bodily harm was accidental or unintended, it could mitigate the severity of the charge.
Negotiating with the Crown
In many cases, a criminal lawyer can negotiate with the Crown prosecutor to reduce the charges or secure more lenient penalties. For example, they might work towards having the charge reduced from assault causing bodily harm to simple assault, which carries lighter penalties. Alternatively, your lawyer may negotiate a plea deal that avoids a trial altogether, resulting in a less severe sentence.
Representing You in Court
If your case goes to trial, your lawyer will represent you in court, presenting evidence and making legal arguments on your behalf. They will cross-examine witnesses, challenge any weaknesses in the Crownโs case, and ensure that your side of the story is fully heard. An experienced criminal defence lawyer can identify procedural errors or legal issues that could result in the charges being dropped or reduced.
Minimizing the Consequences
Even if a conviction seems likely, a criminal lawyer can work to minimize the consequences. For example, they may argue for alternatives to imprisonment, such as probation or community service, especially if this assault causing bodily harm is your first offence. They may also help you avoid a criminal record through alternative sentencing options like conditional discharges or diversion programs.
Protecting Your Rights
From the moment you are charged, your lawyer will ensure that your legal rights are respected. This includes ensuring that law enforcement followed proper procedures during your arrest and investigation and that any evidence obtained unlawfully is excluded from trial.
If you or someone you know is facing an accusation of assault with bodily harm, it is imperative that you seek legal representation as soon as possible. Zamani Law has extensive experience defending clients against assault charges and can provide guidance and defence strategies to help you achieve the best possible outcome. Contact Zamani Law today to schedule a consultation and ensure your rights are protected every step of the way.
