Canadian Criminal Sentencing/Offences/Assault Causing Bodily Harm
| Assault Causing Bodily Harm | |
|---|---|
| s. 267(b) of the Crim. Code | |
| Election / Plea | |
| Crown Election | Hybrid |
| Jurisdiction | Prov. Court SC Judge + PI (I) SC Jury + PI (I) (536(2)) |
| Summary Dispositions | |
| Avail. Disp. | Discharge (730) Suspended Sentence (731(1)(a)) |
| Maximum | 18 months jail or $5,000 fine |
| Indictable Dispositions | |
| Avail. Disp. | same as summary |
| Maximum | 10 years jail |
| References | |
| Offence Elements Sentence Principles Sentence Digests | |
| Comments | |
| DNA primary designated offence DO/LTO primary designated offence | |
Legislation
[edit | edit source]Assault with a weapon or causing bodily harm
267. Every one who, in committing an assault,...
- (b) causes bodily harm to the complainant, is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years or an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.
– CCC
Application
[edit | edit source]- For general principles and factors of assault-based offences, see Assaultive Offences
Kienapple
[edit | edit source]Many cases state that an accused cannot be convicted of Assault with a Weapon and Assault Causing Bodily Harm where they arise out of the same circumstances.[1]
- ↑
e.g. R. v. Arnill, [1999] O.J. No. 332 (C.A.), 1999 CanLII 3188 (ON CA)
R. v. Basilio 2003 CanLII 15531 (ON CA), (2003), 175 C.C.C. (3d) 440 (Ont. C.A.)
R. v. Briscoe (1992), 17 B.C.A.C. 302, 1992 CanLII 938 (BC CA)