When a police officer in Canada has ‘reasonable grounds’ to believe that a person has committed an assault causing bodily harm, an arrest can be made. The police do not have not to gather evidence to prove the crime occurred beyond a reasonable doubt. That work will be done after the arrest in preparation for trial by the Crown attorney. So, what does the Crown have to prove for an assault causing bodily harm and what is the punishment for it?

Legal definition assault causing bodily harm

Section 266 of the Criminal Code of Canada and criminal case law determines that an assault has taken place when a person applies intentional force on another person, indirectly or directly.

Section 267 indicates that for an assault to rise to the level of bodily harm, one additional requirement must be met, the person committing the assault actually did cause bodily harm.

Proof of offence for assault causing bodily harm

For the Crown prosecutor to get a conviction, she or he must first prove at trial three essential elements to the case in addition to establishing the identity of both parties, the time and date of the incident and the jurisdiction:

1. The way the assault was committed (fist, weapon, open hand, and so forth) and the number of blows;

2. That the accused’s use of force was intentional, i.e. the accused did not accidentally, reflexively or carelessly cause harm;

3. The extent of the injuries to the complainant;

Punishment 

In Canada assault causing bodily harm can be charged as an indictable offence or an offence punishable on summary conviction. The type of charge will determine the possible punishment.

If the charge is an indictable offence and the person is found guilty, then the punishment is imprisonment not to exceed ten years. If the charge is punishable on summary conviction then the punishment is imprisonment not to exceed 18 months.

Legal Defence

The Criminal Code of Canada provides for the theory of self-defence or accident to a charge of assault causing bodily harm. So if you are charged with this crime, you should contact a criminal defence lawyer. There are legal statutes that define self-defence and your lawyer can assist you in arguing that the charges should be dropped, or in mounting your defence at trial.