Canadian Criminal Law/Offences/Assault Peace Officer

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Assault Peace Officer
s. 270 of the Crim. Code
Election / Plea
Crown Election Hybrid
Jurisdiction Prov. Court
SC Judge + PI (I)
SC Jury + PI (I) (536(2))
Summary Dispositions
Maximum 6 months jail or $5,000 fine
Indictable Dispositions
Avail. Disp. same as summary
Maximum 5 years jail
References
Offence Elements
Sentence Principles
Sentence Digests

Legislation[edit]

Assaulting a peace officer
270. (1) Every one commits an offence who

(a) assaults a public officer or peace officer engaged in the execution of his duty or a person acting in aid of such an officer;
(b) assaults a person with intent to resist or prevent the lawful arrest or detention of himself or another person; or
(c) assaults a person
(i) who is engaged in the lawful execution of a process against lands or goods or in making a lawful distress or seizure, or
(ii) with intent to rescue anything taken under lawful process, distress or seizure.

CCC

Proof of 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. the victim was a Peace Officer
  6. the accused knew the victim was a Peace Officer
  7. sobriety of the accused (if applicable)

Interpretation[edit]

Common Defences[edit]

See Also[edit]