Canadian Criminal Law/Offences/Sexual Assault with a Weapon

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Sexual Assault with a Weapon
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]

In addition to the essential elements of identity, time and jurisdiction, the prosecution should also prove:

  1. the accused sexually assaulted the victim
  2. the assault was committed by the use of a weapon or threaten to use a weapon

Interpretation[edit]

See also Canadian Criminal Law/Offences/Sexual Offences

It is not an essential element of the offence that the assailant cause bodily harm to the complainant. [1]


  1. R. v. Papalia, 2012 BCSC 245 at 84

Defences[edit]

Typical Motions or Orders[edit]

Witness motions[edit]

See Also[edit]