- Types of Assault
- Use of Weapon in Assault
- Specific Intent vs. General Intent in Assault Cases
- Legal Implications and Sentencing
- Defences Against Assault Charges in Canada
In Canada, assault is a broad crime that can include multiple scenarios where the offender intentionally applies force to the victim without their consent. Importantly, the presence of intent is crucial for conviction—so, for example, accidentally bumping into someone is not considered an offence.
The Canadian criminal law defines assault as a general intent crime, which means that the offender may not necessarily aim to cause specific harm or injuries. At the same, when the offence results in serious harm or in case of assault with a weapon, the conviction can be followed by much more severe penalties.
The type of assault, the use of weapons, and the severity of resulting injuries can have a significant impact on the final outcome in a case. Below, we have a closer look at various types of assault, discuss what is aggravated assault and its consequences, compare general intent with specific intent, and outline possible defence strategies for assault cases in Canada.
Types of Assault
In Canadian criminal law, there are several crimes in the assault category, differentiated by the severity of the offence. The main types of offences include:
- Simple assault: The Criminal Code defines simple assault very broadly as the intentional use of force against another person in the absence of that person’s consent. Importantly, attempting or threatening to commit an assault also counts as an offence.
- Assault with a weapon: Using a weapon for assault brings the criminal matter to the next level. Again, the Canadian Criminal Code has a very wide definition of a weapon, which can include anything designed or used to cause injuries, as well as something that can be used to threaten or intimidate.
- Assault causing bodily harm. When assault results in something more serious than a small bruise or minor injuries, the offender may face charges for assault causing bodily harm with a harsher set of penalties.
- Aggravated assault. Finally, when assault leads to disfigurement or when it endangers the victim’s life, the offender can be charged with aggravated assault, sometimes referred to as first-degree assault, which carries the highest punishment among these offences.
Use of Weapon in Assault
Since the criminal law in Canada doesn’t limit the definition of a weapon to firearms or knives, virtually any object used to inflict harm can be considered a weapon.
Depending on the context in which they are used, weapons can include:
- Household items, such as a frying pan, a beer bottle, or even a flower pot,
- Any object or tool used as an extension of your hand, such as a baseball bat, a wrench, or a hammer,
- Sharp objects such as kitchen knives, hunting knives, collector knives, or similar,
- Crossbows and other devices throwing projectiles,
- Firearms, including prohibited and restricted firearms such as handguns and their imitations.
As the use of weapons in an assault can potentially lead to more severe injuries and pose a higher danger to the public, the criminal law imposes harsher penalties for such crimes. Importantly, someone can be charged with assault with a weapon even without harming the victim — a threat to do so can be enough to face the charges.
Specific Intent vs. General Intent in Assault Cases
When the Crown investigates the case and decides to continue pressing the charges for assault, they must prove the presence of intent, also known in legal terminology as mens rea or “guilty mind.” The Criminal Code defines common assault as the intentional application of force, so without intent, there is no assault.
In the Canadian Criminal Code, assault is a general intent crime that is not aimed at achieving any specific end result. Unlike specific intent crimes, for example, robbery or theft, a general intent offence does not require the Crown to prove that the offender intended to cause specific harm. In common assault cases, a mere willingness to commit the act can be enough to be charged with a crime.
In assault cases, including assault with a weapon, someone can face charges even without actual intent to harm the victim. As it was laid out in R v Horncastle, 1972 CanLII 1320 (NB CA) case, the mens rea can be based on the intent to threaten, so someone can be charged even in the absence of intention to carry out the threat.
Legal Implications and Sentencing
Accordingly, the consequences of being charged with assault depend on the type and severity of the crime, the injuries sustained by the victim, and the presence of aggravating factors, for example, assault against a domestic partner or a minor.
In a general case, the penalties for assault include:
- For common assault: Jail time for up to five years if prosecuted by indictment or up to two years less a day and/or a fine up to $5,000 if prosecuted summarily.
- For assault causing bodily harm or assault with a weapon: Imprisonment for up to 10 years for indictment charges or up to two years less a day and/or a fine up to $5,000 for a summary conviction.
- For aggravated assault: Imprisonment of up to 14 years.
In the most extreme cases, such as when assault results in the death of a victim, the offender can face a manslaughter sentence in Canada, which can amount to imprisonment for life. The level of criminal penalty in such cases requires a meticulous defence strategy and the involvement of the most experienced Toronto murder lawyer. And irrespective of the length of the prison sentence, a conviction for assault results in a criminal record with far-reaching consequences for employment, housing, and social opportunities.
Defences Against Assault Charges in Canada
In a general context, a common assault can only occur when there is no consent. Thus, the defence of consent can be allowed in the presence of consent, even if there is considerable force applied — for example, in hockey, sparring with gloves, wrestling or other instances of consensual fight.
However, no one can consent to being stabbed, assaulted with a weapon or maimed, in which cases this type of defence doesn’t apply. So, the defence of consent for assault cases may be available where there is no specific intent to inflict injuries, and there is no serious bodily harm, for example, as defined by the Criminal Code for aggravated assault.
Depending on the context of the assault and individual circumstances, a good criminal lawyer can help raise more legal defences against the charges, which can include:
- Self-defence: When someone has reasons to believe that they are in danger, they can stop the attacker by force and claim that they were acting in self-defence if their actions were reasonable under the circumstances.
- Defence of another: Similar to self-defence, someone has the right to protect another person and stop the attacker by force if they believe that the other person is in danger.
- Defence of property: The criminal law allows the defence of property in assault cases where the victim tried to trespass, gain unlawful possession, damage or destroy the property without the right to do so.
- Accident and mistake: This type of defence can be available where the offender can demonstrate that they did not intend to assault the victim or cause harm.
Conclusion
The presence or absence of intent to assault someone is what can make all the difference for your criminal case. Since assault is a general intent crime, prosecutors don’t need to prove that an offender had specific intent to cause particular consequences. A general intent to act against the law and assault someone or make a threat to assault, with or without a weapon, can be enough for a conviction.
The Canadian criminal law covering simple assault, assault with a weapon and aggravated assault cases is nuanced and case-specific. If you or your close ones face assault charges in Brampton, Mississauga, Newmarket, Scarborough, Etobicoke or anywhere else in the Greater Toronto Area, please don’t hesitate to contact an experienced Newmarket criminal lawyer for a free consultation on how we can help in your case.
