Canadian Criminal Law/Offences/Sexual Assault with a Weapon

Sexual Assault with a Weapon
s. 272 of the Crim. Code
Election / Plea
Crown Election	Indictable
Jurisdiction	Prov. Court SC Judge + PI (I) SC Jury + PI (I) (536(2))
Indictable Dispositions
Avail. Disp.	Discharge (730) Suspended Sentence (731(1)(a)) Fine (734) Fine + Probation (731(1)(b)) Jail (718.3, 787) Jail + Probation (731(1)(b)) Jail + Fine (734) Conditional Sentence (742.1)
Minimum	Restricted firearm: 5 years (first) 7 years (second or more) Other firearms: 4 years
Maximum	14 years jail
Designations
DNA Primary designated offence SOIRA designated offence DO/LTO primary designated offence
References
Offence Elements Sentence Principles Sentence Digests

Legislation

Sexual assault with a weapon, threats to a third party or causing bodily harm
272. (1) Every person commits an offence who, in committing a sexual assault,

(a) carries, uses or threatens to use a weapon or an imitation of a weapon;

(b) threatens to cause bodily harm to a person other than the complainant;

(c) causes bodily harm to the complainant; or

(d) is a party to the offence with any other person.

...
R.S., 1985, c. C-46, s. 272; 1995, c. 39, s. 145; 2008, c. 6, s. 28; 2009, c. 22, s. 10; 2012, c. 1, s. 26.

– CCC

Proof of the Offence

In addition to the essential elements of identity, time and jurisdiction, the prosecution should also prove:

1. the accused sexually assaulted the victim
2. the assault was committed by the use of a weapon or threaten to use a weapon

Interpretation

See also Canadian Criminal Law/Offences/Sexual Offences

It is not an essential element of the offence that the assailant cause bodily harm to the complainant.

Defences

• Consent

Typical Motions or Orders

Witness motions

• Exclusion of public from court (486)
• Prohibition of self-represented accused from Cross-examining a witness under the age of 18 years (486.3)
• Sexual Offence Publication Ban (486.4)
• Publication Ban of in relation to victims, witnesses or justice system participants (486.5)
• Witness Screen (486.2)
• Testimony by Video (714.1)