Criminal Offences – Assault Notes

  • Definition of Assault:

    • Section 265(1) outlines that assault occurs when:
    • (a) Force is applied intentionally without consent;
    • (b) A threat or attempt to apply force is made;
    • (c) A person with a weapon impedes another.

  • Types of Assault:

    • Common Bodily Harm (Sec 267)
    • Aggravated Assault (268)
    • Sexual Assault (271)
    • Assault on a Peace Officer (270)

  • Facts in Issue:

    • Context: Important details on offense timing, location.
    • Identity of Suspect: Essential for legal accountability.
    • Actus Reus (Guilty Act): Must demonstrate application of force.
    • Mens Rea (Guilty Mind): Intention to apply force or recklessness.

  • Punishment:

    • According to Section 266:
    • (a) Indictable offense with imprisonment up to 5 years.
    • (b) Summary conviction possibility.
    • Hybrid Offense: The Crown can choose the prosecution method.

  • Case Law:

    • R. v. Jobidon:
    • Absence of consent doesn't have to be proven in all cases; consent is limited.
    • Introduces 'social value' concept for consent in assaults.
    • R. v. Cey:
    • Consent applies to normal gameplay in hockey, but does not include intended harm.

  • Conclusion:

    • Assault involves non-consensual force; consent is pivotal in differentiating acts.
    • Contact sports are an exception where players consent to reasonable violence.
    • Understanding assault is vital for awareness of rights and safety promotion.