Canadian Criminal Sentencing/Offences/Common Assault
| Common Assault | |
|---|---|
| s. 265 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 | 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]266. Every one who commits an assault is guilty of
- (a) an indictable offence and is liable to imprisonment for a term not exceeding five years; or
- (b) an offence punishable on summary conviction.
– CCC
Application
[edit | edit source]- For general principles and factors of assault-based offences, see Assaultive Offences
Ancillary Orders
[edit | edit source]- DNA Order
- Weapons Prohibition Orders (110 on summary, 109 on indictable)
- Weapons Forfeiture
- Forfeiture of Offence-related Property
See Also
[edit | edit source]