Minimum Sentence for Assault Causing Bodily Harm in Canada

Any type of assault is a serious offence in Canada. However, when it’s about assault causing bodily harm, the consequences can be even more severe.

In this article, we’ve discussed what is assault that causes bodily harm, its penalties and the overall prosecution process.

Let’s get started.

This type of assault occurs when someone intentionally injures or causes physical harm to another person. It is a criminal offence in Canada.

According to section 267 of the Criminal Code of Canada, if someone causes bodily harm like hitting or kicking the victim or carries a weapon to threaten or use is considered as assault causing bodily harm.

This is more serious than simple assault because it involves physical harm like bruises and psychological injuries.

Some of the possible sentences in Canada include:

Sometimes, in some cases, the offender is not found guilty of the crime in some circumstances. Therefore, the court must adhere to terms like probation or community service.

The court may convict the offender through a summary offence (less serious) or an indictable offence (more serious). Depending on the offence committed by the offender, the court imposes a fine.

Depending on the severity of the offence, the court imposes a prison sentence. According to the Criminal Code of Canada, the maximum punishment for a summary offence is up to 2 years, and for an indictable offence is up to 10 years of imprisonment.

Some other factors influence the severity of the sentence as follows:

• The severity of the punishment is likely to increase with the extent of the victim’s physical injury.
• The sentence would be more severe if the offender intended to cause harm.
• The penalty will probably be harsh if the accused has a history of criminal activity.

Depending on the jurisdiction, the prosecution involves several steps, as shown below:

The police begin their investigation by asking the complainant and any witnesses to provide a written statement. Due to the seriousness of assault resulting in physical harm, a comprehensive police investigation is necessary.

The police officers normally interview all witnesses, analyze surveillance footage, collect evidence and related weapons, take pictures of the scene, and request medical records.

After the police gather sufficient information and evidence of the assault crime, they can make a charge against the accused person. Police will locate you or issue a warrant for your arrest if you are not found. Thus, the person will be arrested and put in prison.

When you are arrested, you will be kept in custody and require bail for release. From the moment of arrest to the courthouse, the bail hearing begins within 24 hours. The court’s decision depends on factors like the criminal history of the accused person and the severity of the offence.

According to the rules, the police will not reveal any information to friends or relatives. So you can only get in touch with your lawyer.

After the accused has been charged, the prosecution must provide all the evidence to the offender’s lawyer. It includes any additional evidence gathered throughout the inquiry, such as witness testimonies, police reports, and other information related to the case.

A trial is held to decide whether the offender is guilty or not guilty of the crime. Using the information and evidence, the prosecutor must prove the accused of the assault crime.

On the other hand, the defence will have the chance to refute the evidence and submit their witnesses and documents. Then, the judge or jury will decide after hearing all the evidence. Finally, the judge will set a sentencing hearing if the offender is found guilty.

The judge will consider different factors at the sentence hearings. It includes the criminal history of the accused person, harm caused to the victim, the gravity of the crime etc.

After that, the court will issue a penalty, which can be a fine, probation, community service, or jail.

Some other factors can increase jail time like:

• Crime committed in a domestic situation
• The offender related to the criminal organization
• Involvement of a prohibited weapon
• Not a resident of Canada

There are several defences to fight an assault that results in bodily damage. In Canada, some of the frequent defences for assault resulting in bodily injury include:

Self-defence is a common defence technique. The accused individual might be able to avoid conviction if they prove they were acting in self-defence. Also, the accused must demonstrate that their force was appropriate to establish self-defence.

The offender can raise an identity defence if the footage quality is poor or the surveillance camera does not record the crime. For instance, due to the low quality of the video, authorities could have mistakenly identified you as the offender. You might require supporting proof, like an alibi for where you were when the offence was committed.

The accused individual may be able to avoid conviction if they can explain that they were not the offender. If there is limited evidence linking the accused to the crime, there is a chance to avoid conviction.

A person accused of a crime can use a witness defence to claim they were not present at the site. The accused individual must be able to present proof to back up their allegation, such as witnesses or video to support the claim.

An accused may claim innocence if they can prove that they were forced into doing the crime. However, this defence has certain limitations because a large amount of provocation is required to justify the use of force.

In Canada, an assault that results in physical harm is a serious crime. Those found guilty will carry severe punishments. If you are a victim or an accused individual, you must understand the potential consequences of the defences and the prosecution process.

Moreover, it is critical to seek legal advice if you are involved in assault causing bodily harm since the consequences might be severe.

If an indictment is used to pursue the crime, the maximum sentence for assault causing bodily harm is 10 years in jail. The maximum punishment for a summary conviction offence is 18 months in jail.

If the victim and the accused person are in a domestic relationship, assault causing physical harm can be charged as a domestic violence offence. The criminal justice system takes acts involving domestic violence more seriously and may impose harsh punishments.

If the victim did not suffer serious injuries, a person could be charged with assault causing bodily harm. The offence is based on the force’s severity and intentional use causing bodily injury or harm.

Simple assault is intentionally using force against another person without bodily harm. On the other hand, assault causing bodily harm involves physical harm or carrying a gun to use or threatens another person.

If the victim and accused person have a domestic relationship, it can be charged as a domestic violence offence. It is a serious offence and may result in harsh penalties.