Canadian Criminal Law/Offences/Assault Peace Officer
| Assault Peace Officer | |
|---|---|
| s. 270 of the Crim. Code | |
| Election / Plea | |
| Crown Election | Hybrid |
| Jurisdiction | Prov. Court SC Judge + PI (I) SC Jury + PI (I) (536(2)) |
| Summary Dispositions | |
| Maximum | 6 months jail or $5,000 fine |
| Indictable Dispositions | |
| Avail. Disp. | same as summary |
| Maximum | 5 years jail |
| References | |
| Offence Elements Sentence Principles Sentence Digests | |
Legislation
[edit | edit source]Assaulting a peace officer
270. (1) Every one commits an offence who
- (a) assaults a public officer or peace officer engaged in the execution of his duty or a person acting in aid of such an officer;
- (b) assaults a person with intent to resist or prevent the lawful arrest or detention of himself or another person; or
- (c) assaults a person
- (i) who is engaged in the lawful execution of a process against lands or goods or in making a lawful distress or seizure, or
- (ii) with intent to rescue anything taken under lawful process, distress or seizure.
– CCC
Proof of Offence
[edit | edit source]- identity of accused
- date and time of incident
- jurisdiction (incl. region and province)
- the accused assaulted the victim
- the victim was a Peace Officer
- the accused knew the victim was a Peace Officer
- sobriety of the accused (if applicable)