Assault causing bodily harm

Assault causing bodily harm is a statutory offence of assault in Canada with aggravating factors. It is committed by anyone who, in committing an assault, causes bodily harm to the complainant.^[1] It replaces the offence of assault occasioning actual bodily harm. In Canada, a consentual fight is not considered an assault, but one cannot consent to an assault causing bodily harm.

Bodily harm

Bodily harm is defined as any hurt or injury to a person that interferes with the health or comfort of the person and that is more than merely transient or trifling in nature.^[2] This definition is similar (if it is not word for word) to the common law definition of actual bodily harm stated, at page 509, in R v. Donovan [1934] 2 KB 498 (also 25 Cr. App. Rep.1 CCA) and repeated, at 557D, in R v. Chan-Fook [1994] 2 All ER 552 (where the reference to transient or trifling injuries is taken as applying to actual bodily harm rather than bodily harm).

Mode of trial and sentence

Assault causing bodily harm is a hybrid offence or dual offence. It is punishable, on conviction on indictment, with imprisonment for a term not exceeding ten years, or, on summary conviction, with imprisonment for a term not exceeding eighteen months.^[3] This is a rare case where the offence punishment defines a summary conviction punishment rather than defaulting to S. 787 of the Criminal Code of Canada. ^[4]

References

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