Assault causing bodily harm is a violent offence that can lead to significant legal consequences. In Canada, the judges impose sentences for assault causing bodily harm based on the presence of aggravating and mitigating factors, such as the first or second conviction, the degree of bodily harm, and other circumstances.
Depending on the severity of the offence, the sentences can range from non-custodial ones to several years in prison. Below, we discuss what is considered assault causing bodily harm in Canada, outline the range of criminal penalties and how they are applied, and explore common defence strategies.
Key Takeaways
- Assault causing bodily harm (s. 267) involves injuries that are more than minor or temporary.
- The offence is hybrid — it can be prosecuted summarily or by indictment depending on severity.
- The maximum penalty is 10 years’ imprisonment if prosecuted by indictment.
- There is no mandatory minimum sentence — courts have discretion based on the facts.
- Sentencing depends heavily on aggravating factors such as prior record, severity of injuries, and context (e.g., intimate partner violence).
- First-time offenders may receive noncustodial sentences, but serious injuries can still lead to jail time.
- A conviction can result in a permanent criminal record with long-term consequences for employment, travel, and immigration.
- Early legal advice can significantly impact charge classification, defence strategy, and sentencing outcome.
What Is Assault Causing Bodily Harm?
In Canada, assault is defined as the intentional application of force to another person, either directly or indirectly, without their consent. When such application of force results in injuries, the charges can be escalated to assault causing bodily harm as defined in Section 267 of the Criminal Code.
In Canadian criminal law, bodily harm means any injury that interferes with the victim’s health or comfort and is more than merely transient in nature. Examples of bodily harm include fracture of nasal bones, bruises around the eye, a large amount of hair pulled out by the roots, and other injuries that are more than trifling.
What Must the Crown Prove in This Offence?
When the prosecution lays charges for assault causing bodily harm in Ontario, the Crown must prove the following elements of the offence:
- Intentional application of force: To be accused of assault, the defendant must have deliberately applied force to the complainant.
- Lack of consent: The complainant did not consent to the application of force against them.
- Resulting bodily harm: The injury resulted from the application of force by the accused and is more than trivial or trifling in nature.
The Crown must prove each element of the offence beyond a reasonable doubt. At the same time, the defendant has no obligation to explain their conduct or disprove any of the evidence presented by the Crown.
“In assault causing bodily harm cases, the outcome often depends less on the label of the charge and more on how the injuries are proven in court. Medical evidence, context, and credibility all play a central role in whether a case stays at this level or escalates — and that is where a focused defence can make a real difference.”
— Benson Wilson, Criminal Defence Lawyer, Vilkhov Law
Maximum Penalties for Assault Causing Bodily Harm
In Canada, assault causing bodily harm is a hybrid offence. This means that the Crown can choose whether to lay charges by indictment or summarily, depending on the severity of the offence, with a different set of consequences for the accused.
Indictable Offence
In serious cases of assault causing bodily harm, where there are aggravating factors such as intimate partner violence, a second conviction, or a weapon being involved, the Crown may proceed by indictment. In indictment proceedings, the maximum sentence for assault causing bodily harm is ten years in prison.
Summary Conviction
In less serious circumstances, for example, for the first offence of assault causing bodily harm with minimal injuries, the Crown may elect to proceed summarily. In summary conviction, the maximum penalty is two years less a day, or a fine of $5,000, or both.
Is There a Minimum Sentence for Assault in Canada?
While the application of mandatory minimum sentences has been debated for several years, there is no minimum sentence for assault in Canada. The judges have discretion to apply criminal punishment proportionate to the individual circumstances of the offence, the risk of reoffending, and other factors. Accordingly, the sentences for assault causing bodily harm in Canada can vary widely, from non-custodial sentences or imprisonment for less than a year to several years in prison.
Sentencing Factors Considered by Canadian Courts
According to Section 718.2 of the Criminal Code, when imposing a criminal punishment, the court should increase or reduce a sentence based on the presence of aggravating or mitigating factors.
Aggravating Factors
The aggravating factors are circumstances that may lead the court to impose a longer sentence. The most common aggravating factors foreseen by the Criminal Code for assault causing bodily harm include serious injuries, intimate partner violence, breach of court order, or prior criminal record.
Mitigating Factors
In turn, the court may reduce the sentence where mitigating factors are present. Common mitigating factors include early guilty plea, cooperation with police, genuine remorse, or first offence.
Sentences for First-Time Offenders
If the offender has been found guilty of an offence for the first time, the court may consider this as a mitigating factor, potentially leading to more lenient sentencing. Examples of decreased punishment include probation, conditional discharge, or suspended sentences.
At the same time, when assault causing bodily harm results in serious injuries, even a first-time offence may result in custody. The judges exercise broad discretion in factoring in both aggravating and mitigating circumstances, which can lead to varied sentencing outcomes for first-time offenders.
Differences Between Assault, Assault Causing Bodily Harm, and Aggravated Assault
In Canada, simple assault, assault causing bodily harm, and aggravated assault are different crimes prosecuted under separate sections of the Criminal Code. These offences are differentiated by the presence and severity of bodily harm and bear a different set of consequences as defined below.
| Offence | Section of the Criminal Code | Severity | Maximum prison sentence |
|---|---|---|---|
| Assault | Section 266 | Minor injuries | 5 years |
| Assault causing bodily harm | Section. 267 | Bodily harm that interferes with the victim’s health or comfort and is more than transient or trifling in nature | 10 years |
| Aggravated assault | Section 268 | Injuries that maim, disfigure or endanger the life of the victim | 14 years |
Common Defences in Assault Causing Bodily Harm Cases
The defence strategies in assault causing bodily harm in Ontario are always case-specific and depend on individual circumstances. Common defences available in these cases include:
- Self-defence: In Canada, someone applying force to another person resulting in bodily injuries could be found not guilty if they acted in self-defence. Importantly, acting in self-defence must be proportionate to the threat and reasonable under the circumstances.
- Lack of intent: To be found guilty of assault, someone needs to apply force intentionally and deliberately. A lack of intent in assaulting someone may lead to charges being dropped.
- Mistaken identity: The Crown must prove all elements of the offence, including the identity of the accused. The lack of reliable identification can raise a reasonable doubt as to whether the defendant was the person who committed the offence.
- Consent (in limited circumstances): According to criminal law, no one can legally consent to the intentional application of force causing serious injuries. However, in limited cases, such as sporting events where the consent is within the customary norms and rules, it can be a valid defence.
How Assault Charges May Affect Your Criminal Record
Similar to other offences in the Criminal Code, assault causing bodily harm in Canada can have severe consequences on anyone’s life beyond sentencing. One of the most severe repercussions includes a criminal record that will stay on RCMP records and will be visible on background checks.
In turn, having a criminal record in Canada can have multiple repercussions, which can include limitations on employment, travel restrictions, or issues with immigration status. While record suspension can be available after the expiry of 5 years for a summary conviction and 10 years for indictable offences, preventing a conviction is the only way to avoid these disruptive consequences.
Why Legal Representation Matters
Assault causing bodily harm belongs to the category of violent crimes that are taken very seriously by the police, the prosecution, and the judges due to public safety concerns. Viewed as a threat to the community, charges for assault causing bodily harm can lead to harsher penalties depending on the seriousness of the offence, inflicted injuries, and other aggravating factors.
Given the serious nature of the charges for assault causing bodily harm, it’s essential to engage a criminal defence lawyer early in the process. An experienced criminal lawyer can examine the evidence the prosecution has against you, explore available legal options, and build a strong defence.
FAQs
What is assault causing bodily harm in Canada?
Assault causing bodily harm is a criminal offence defined in Section 267 of the Criminal Code, which results in injuries to the victim that are more than trivial or transient in nature. It’s a hybrid offence that can be prosecuted by indictment or summarily, depending on the severity of the bodily harm and the presence of other aggravating factors.
What is the sentence for assault causing bodily harm in Ontario?
The sentence for assault causing bodily harm can vary from non-custodial options such as probation or conditional discharge to a maximum of 10 years in prison. The courts have discretion in imposing the sentence based on the presence of aggravating or mitigating factors.
Can assault causing bodily harm lead to jail time?
Yes, a conviction for assault causing bodily harm in Canada can lead to imprisonment, especially in the presence of serious injuries, a second conviction, intimate partner violence, or other aggravating factors.
Is assault causing bodily harm a felony in Canada?
The Canadian criminal system does not use the terms felony or misdemeanour. Instead, the Canadian Criminal Code classifies all offences as summary, indictable or hybrid. Assault causing bodily harm in Canada is a hybrid criminal offence which can be prosecuted either summarily or by indictment, depending on the severity of the charges.
Can charges be reduced to simple assault?
In some cases, the prosecution or the court may reduce the charges for assault causing bodily harm to simple assault where the injuries are on the borderline of what is considered trivial or transient in nature. An experienced criminal lawyer can help assess whether a reduction of the criminal charges is a viable legal path in your case.
What happens if assault causing bodily harm is a first offence?
Being charged for assault causing bodily harm as a first offence can be considered a mitigating factor. However, since the judges consider all factors relevant to each individual offender, the outcome is always case-specific and requires a tailored legal defence.
