Assault Causing Boldily Harm


All assault related charges start with the requirement that the Crown can prove the intentional and non-consensual application of force. The different types of assault charges depend on the manner in which the assault was committed or the extent of injury caused by the assault

Assault bodily harm requires that the individual charged in the commission of the offence caused bodily harm to another person by the act which is the subject matter of the assault. Bodily harm is defined as any hurt or injury that interferes with the health or comfort of the person and is more than merely transient or trifling in nature. The injury can be caused either directly or indirectly. For example, if you punch someone in the face causing it to bleed, that may be considered an assault causing bodily harm. If the punch caused no actual damage, but rather knocked the person down, and in falling he hit his head causing a concussion, this would be assault bodily harm on the basis of an indirect injury.





The maximum sentences for assault causing bodily harm are increased from those for simple assault. If the Crown proceeds by summary conviction, the maximum sentence is 18 months in custody. If the Crown proceeds by way of indictment, the maximum sentence is 10 years custody. There are no minimum sentences for the charge of assault causing bodily harm, although a conditional sentence is not available if the Crown proceeds by way of indictment.


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