Canadian Criminal Sentencing/Offences/Assault Causing Bodily Harm

From Wikibooks, open books for an open world
Jump to: navigation, search
Assault Causing Bodily Harm
s. 267(b) of the Crim. Code
Election / Plea
Crown Election Hybrid
Jurisdiction Prov. Court
SC Judge + PI (I)
SC Jury + PI (I) (536(2))
Summary 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)
Maximum 18 months jail or $5,000 fine
Indictable Dispositions
Avail. Disp. same as summary
Maximum 10 years jail
References
Offence Elements
Sentence Principles
Sentence Digests
Comments
DNA primary designated offence
DO/LTO primary designated offence

Legislation[edit]

Assault with a weapon or causing bodily harm
267. Every one who, in committing an assault,

...

(b) causes bodily harm to the complainant, is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years or an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.

CCC

Application[edit]

For general principles and factors of assault-based offences, see Assaultive Offences

Kienapple[edit]

Many cases state that an accused cannot be convicted of Assault with a Weapon and Assault Causing Bodily Harm where they arise out of the same circumstances.[1]

  1. e.g. R. v. Arnill, [1999] O.J. No. 332 (C.A.), 1999 CanLII 3188 (ON CA)
    R. v. Basilio 2003 CanLII 15531 (ON CA), (2003), 175 C.C.C. (3d) 440 (Ont. C.A.)
    R. v. Briscoe (1992), 17 B.C.A.C. 302, 1992 CanLII 938 (BC CA)

Relevant Probationary Terms[edit]

Ancillary Orders[edit]