Assault Cause Bodily Harm (S. 267 Criminal Code of Canada)
The charge of assault cause bodily harm is far more serious than the charge of simple assault. The penalty is largely influenced by the degree of bodily harm inflicted. Obviously the greater the bodily harm the harsher the penalty. Convictions for the charge of Assault Cause Bodily Harm often involve a jail sentence.
The lawyers at Daley, Byers have successfully defended hundreds of clients who faced this charge. There are a number of defences available.
2. Defence of property
3. Was the bodily harm a perceived likelihood of the force inflicted or just
an unfortunate accident. However, recklessness as to the likelihood
of bodily harm is not a defence.
4. Does the harm inflicted satisfy the definition of bodily harm.
Assault cause bodily harm is simply an assault where bodily harm resulted. Bodily harm is defined in section 2 of the Criminal Code and means “any hurt or injury that interferes with the health or comfort of a person and is more than merely transient or trifling in nature.
Bruises have been held not to be bodily harm.
However bruises coupled with a laceration to the head was considered bodily harm.
Each case will depend on upon its unique facts and circumstances.
Consent to fight is not a defence. The rule of law is that an individual cannot consent to bodily harm.
However, self -defence remains a viable defence to the charge of assault cause bodily harm. When acting in self- defence, one can use “reasonable force”. The courts look at the test of reasonableness from both an objective and subjective perspective meaning they will look at the degree of force through the eyes of an outside person looking at the situation and they will also look at the situation standing in the shoes of the actual person exercising self- defence. The degree of force resulting in the bodily harm does not have to be carefully measured. It is simply what is reasonable in the overall circumstances.