What is the Difference Between Assault and Battery?

We often consider “assault” and “battery” as synonyms in our daily life discussions. But, in Canadian law, there is something of a distinction made between the two terms. Moreover, understanding that distinction is vital when engaging in legal issues. Of course, knowing one’s legal rights is also vital nowadays.

So, here we are to address the difference between these two terms with a detailed breakdown. It will help you use these terms responsibly and be an aware citizen of Canada.

What is the Definition of Assault?

The definition of assault in Canada can be found in Section 265 of the Criminal Code. A person is said to commit assault when he or she:

• Intentionally uses force against another person without first obtaining his or her consent.
• Attempts or makes a threat of force to cause the other party to reasonably believe he or she can and will carry out the intended threat.
• Obstruct another person in movement while carrying a weapon publicly, regardless of whether the weapon is a fake or the real thing.

As it has been previously stated, an assault does not require the application of physical force. Even the making of an expression or a gesture which may put the intended victim in a position where he or she may be afraid for his or her safety may be considered assault.

Types of Assault

In Canada, the classification of assault charges ranges from simple to intricate based on severity and context:  

• Simple Assault (Section 266): It includes the application of or the threat of force to an individual without inflicting physical injury.
• Assault Causing Bodily Harm (Section 267): It includes injuries that measurably impact the health or comfort of the victim and that are greater than and more than trivial or fleeting.
• Assault with a Weapon (Section 267): Includes the use of a weapon while executing the assault or threatening to do so.
• Aggravated Assault (Section 268): It encompasses wounding, maiming, disfiguring, or endangering the life of the victim.
• Sexual Assault (Sections 271-273): These sections include any sexually offensive activity without the consent of the individual involved; for example, unwanted touching or aggravated sexual assault would fall under this category.

What Is the Definition of Battery?

In contrast with other areas, along with other jurisdictions, Canadian law does not recognize “battery” as a distinct offense. Instead, acts that might fall under battery elsewhere are included in the broader definition of assault in the Criminal Code.

Key Elements of Assault (Includes What Would Be Battery)

In order to obtain a conviction for assault, the prosecution must establish the following components beyond a reasonable doubt:

• Intentional Application of Force: The accused applied force deliberately.
• Lack of Consent: Consent was not obtained from the victim. 
• Knowledge: The accused either knew or should have reasonably known that the victim did not consent. 
• Threat or Gesture: A person does not need to make direct contact with the victim in order to be accused of assault. A gesture or threat made towards the victim, which puts the victim in fear of imminent harm, is grounds for assault. 

These elements encompass both what is traditionally defined as assault and what some jurisdictions label as battery.

The Core Difference Between Assault and Battery

While Canadian law does not distinguish between assault and battery, understanding the traditional differences can be helpful. Here is an assault vs battery difference table:

What Are the Penalties for Assault and Battery?

The penalties for assault offences in Canada differ by the level of harm done. It also depends on whether the Crown decides to take a summary or an indictable approach:

Simple Assault (Section 266)

• Summary Conviction: Maximum of two years minus one day of imprisonment and/or a fine of five thousand dollars.
• Indictable Offence: Maximum of five years imprisonment.

Assault Causing Bodily Harm or with a Weapon (Section 267)

• Summary Conviction: Maximum of eighteen months. 
• Indictable Offence: Maximum of ten years.

Aggravated Assault (Section 268)

• Indictable Offense Only: Maximum of fourteen years.

Sexual Assault (Section 271)

• Summary Conviction: Maximum of eighteen months.
• Indictable Offence: Maximum ten years (fourteen if the victim is under sixteen).  

Statistics Canada reported in 2019 that there were around 1300 reported assaults, which account for roughly one-third of the total reported violent crimes in Canada.

Defence Against Assault Charges

In Canada, there are a few defenses that can be used to counter assault charges, such as:  

• Self-Defense: Section 34 of the Criminal Code permits individuals to use reasonable force to protect themselves or others from an assault.
• Consent: Some forms of violence, such as fighting or engaging in contact sports, can be considered assault. However, if the victim consented to the violence, that person would not be charge with assault.
• Accident: An assault would assume that the alleged perpetrator has the intent to cause harm. If the alleged attack was an accident, then it is not an assault.
• Provocation: This is not an absolute defense, although it renders the charge or its punishment less severe.
• Mistaken Identity: This argues that the accused did not commit an assault at all.

The details of the case should be reviewed with a legal expert in order to determine the best defence.

History of Using Battery in Canadian Law

In Canada, laws have traditionally been shaped by the English common law. There was a distinction between “assault,” which refers to the threatened harm, and “battery,” which is the actual physical contact. 

But nowadays, Canadian law has integrated these two concepts into a single criminal charge: assault. As of now, “battery” is no longer used in the Criminal Code. Instead, all related offenses are prosecuted under “assault”.

Conclusion

In conclusion, under Canadian law, assault and battery are treated as a single offence called “assault” in the Criminal Code. While common law distinguishes battery as the actual physical contact and assault as the threat of harm, Canadian law focuses more broadly on any intentional application of force or threat thereof without consent.

Whether it involves a push, a punch, or even just a threatening gesture, it can fall under assault charges. Understanding this distinction is crucial, especially when navigating legal consequences or defending your rights in court.