Canadian Criminal Law/Offences/Sexual Assault Causing Bodily Harm

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Sexual Assault Causing Bodily Harm
s. 272 of the Crim. Code
Election / Plea
Crown Election Indictable
Jurisdiction Prov. Court
SC Judge + PI (I)
SC Jury + PI (I) (536(2))
Indictable Dispositions
Avail. Disp. Discharge (730)

Suspended Sentence (731(1)(a))
Fine (734)
Fine + Probation (731(1)(b))
Jail (718.3, 787)
Jail + Probation (731(1)(b))
Jail + Fine (734)

Conditional Sentence (742.1)
Minimum Restricted firearm:
5 years (first)
7 years (second or more)
Other firearms:
4 years
Maximum 14 years jail
Designations
DNA Primary designated offence

SOIRA designated offence

DO/LTO primary designated offence
References
Offence Elements
Sentence Principles
Sentence Digests

Legislation[edit]

Sexual assault with a weapon, threats to a third party or causing bodily harm
272. (1) Every person commits an offence who, in committing a sexual assault,

(a) carries, uses or threatens to use a weapon or an imitation of a weapon;
(b) threatens to cause bodily harm to a person other than the complainant;
(c) causes bodily harm to the complainant; or
(d) is a party to the offence with any other person.

...

R.S., 1985, c. C-46, s. 272; 1995, c. 39, s. 145; 2008, c. 6, s. 28; 2009, c. 22, s. 10; 2012, c. 1, s. 26.

CCC

Proof of the Offence[edit]

  1. identity of accused
  2. date and time of incident
  3. jurisdiction (incl. region and province)
  4. the accused assaulted the victim
  5. in doing so the accused caused bodily harm, if under s.272(1)(c) (See Canadian Criminal Law/Causation)
  6. there was an objective foresight of the risk of bodily harm (mens rea)

Interpretation[edit]

Defences[edit]

A defence of consent it not available to sexual assault causing bodily harm.[1] For details, see Canadian Criminal Law/Consent (sexual offences).

  1. R. v. Welch, 1995 CanLII 282 (ON CA)

Typical Motions or Orders[edit]

Witness motions[edit]