What is Assault Causing Bodily Harm?​

This article is a brief and general overview about Assault Causing Bodily Harm. Assault Causing Bodily Harm is defined under section 267 of the Criminal Code of Canada. The causing of "bodily harm" is the differentiating factor between simple assault and Assault Causing Bodily Harm. According to the Criminal Code definition of Assault Causing Bodily Harm, the harm caused goes beyond bruising, and scratching, and is more likely to include fractures, lacerations, or concussions. Although these injuries are unlikely to be a long-term issue, they will still require medical attention. Due to the severity of such injuries, a person that inflicts these injuries upon another person can be charged with Assault Causing Bodily Harm. 

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What are some examples of Assault Causing Bodily Harm?​

Some examples of Assault Causing Bodily Harm include: 

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a) Choking another person until they lose consciousness.

b) Shoving someone down stairs, thereby causing a concussion.

c) Punching or kicking another person hard enough to break a bone. 

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What are the legal elements needed to prove Assault Causing Bodily Harm?​

For every criminal case, the Crown must prove at least 4 things: 

1. Identity: The Crown must prove that you are the person who committed the crime. 

2. Jurisdiction: You are being charged in the correct court. 

3. Date: The Crown must prove the date when the crime took place when the police say it did. 

4. The elements of the Crime. 

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In this case, the elements of Assault Causing Bodily Harm are:

a) That you (the accused) touched someone on purpose without their permission, or;

b) That you physically threatened to touch someone without their permission, and;

c) That the injuries you caused another person are serious, but not life-threatening (such as cuts, scrapes, lacerations, concussions, bad bruises, and/or fractured bones). ​

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What are the penalties for Assault Causing Bodily Harm? ​

For this charge, there is no minimum sentence, and so, this means that in these cases, judges are able to use their discretion in determining the appropriate punishment. The sentence will vary depending on a wide range of factors, and as a result, it is not possible to estimate a sentence without knowing the facts of the case. However, it is important to note that the maximum penalty for Assault Causing Bodily Harm in Canada is 10 years of imprisonment. However, as with many offences, the actual sentence given is usually far below this maximum, and depends on the severity and circumstances of the case. Usually, for first-time offenders, they may face a probationary sentence, fines, or house arrest. Typically, they may not receive a lengthy prison sentence, but it is still highly plausible to receive a (shorter) prison sentence. 

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Common FAQs:

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1. What do you do if you have been charged with Assault Causing Bodily Harm? ​

If you have been charged with Assault Causing Bodily Harm by the police, first contact us. Then, we will likely recommend counselling services for anger management as well as engagement with community services. Once retained, Shankar Law Office will continue to advise and guide you so that you can receive the best legal defence for this charge. 

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2. What are some possible legal defences for Assault Causing Bodily Harm: 

Some of the possible legal defences for assault causing bodily harm include consensual fighting, self-defence, and the defence of others. 

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