Assault

Question 1

What are the 4 different assault charges?

Answer 1

Assault
Assault With A Weapon
Assault Cause Bodily Harm
Aggravated Assault

Question 2

Describe/Define Assault

Answer 2

265(1)(a) A person commits assault when: Without the consent of another person he applies force intentionally to that other person, directly or indirectly

Question 3

If two men agree to fight, is it legal?

What if after fighting and winning, one man continues to attack the other when he is clearly unconscious?

Answer 3

Yes, it is legal as it is a “consensual fight”. It is still classified as an assault, however. Examples: Contact sports, school yard fights, TV/movie stunt people.

No. This is an unreasonable action by the man continuing to strike the unconscious man.

Question 4

Consent in a fight is?

Answer 4

When two men agree to fight, within reasonable limits.

Question 5

Consent isn’t obtained when….

Hint: 4 Examples

Answer 5

1. An application of force to complainant or another
2. Threats or fear of application of force to complainant or another.
3. Obtained by fraud. (Impersonating P.O. or Dr)
4. Exercise of authority. (False arrest)

Question 6

What is reasonability?

Answer 6

Reasonability is compromised when one person in a consensual fight uses an unreasonable amount of force.

The fight isn’t reasonable if it is deemed to be a crime.
Example: Striking a person once they are down and out.

Question 7

Assault Section 265 (1) (b)

Answer 7

He ATTEMPTS OR THREATENS by an ACT OR GESTURE, to apply force to another person, if he has, or causes that other person to believe upon REASONABLE GROUNDS that he has PRESENT ABILITY TO EFFECT HIS PURPOSE

Question 8

What type of offence is Assault?

Answer 8

Indictable up to 5 years. Summary conviction.
Therefore…
Dual procedure offence.

Question 9

Assault With a Weapon or Causing Bodily Harm S. 267

Answer 9

Every one who, in committing an assault,

(a) Carries, uses or threatens to use a weapon or imitation thereof
(b) Cause bodily harm to the complainant

Question 10

Define Bodily Harm

Answer 10

Any hurt or injured person that interferes with the health or comfort and that is more than merely transient or trifling in nature.

Examples from case law: Broken bones, lacerations, contusions.

Question 11

What type of offence is ACBH / AsltWpn ?

Answer 11

Indictable up to 10 years. Summary up to 18 months.
Therefore
Dual procedure offence

Question 12

Aggravated Assault. S. 268

Answer 12

Everyone commits an aggravated assault who WOUNDS, MAIMS, DISFIGURES or ENDANGERS THE LIFE of the complainant.

Question 13

Define “Maim”

Answer 13

Rendered less able to fight.

Render the victim less able to defend himself.

Question 14

Define “Disfigure”

Answer 14

Denotes more than a temporary marring of the figure or appearance of a person

Question 15

Define “Endangers Life”

Answer 15

Refers to the consequences of the injuries received (product of wounds or maims or disfigurement) and not simply the risk created by the accused assaultive behaviour.

Question 16

5 Peace Officer Assault Charges

Answer 16

Assault Peace Officer
Assault Peace Officer with a weapon
Assault Peace Officer Cause Bodily Harm
Aggravated Assault Peace Officer
Disarm Peace Officer

Question 17

3 Elements of any Assault vs. Peace Officer

Answer 17

Public or Peace Officer or person assisting
In lawful execution of duty
Accused MUST be aware person is a Peace Officer

Question 18

Weapon Definition

Answer 18

270.1 (2)

Anything designed to cause injury or death, or to temporarily incapacitate a person.

Question 19

Utter Threats 264.1

Answer 19

Everyone commits an offence who:
In any manner knowingly utters or conveys or causes a person to receive a threat
a) To cause death or bodily harm
b) To burn, destroy or damage real or personal property
c) To kill, poison or injure an animal or bird that is the property of any person

Question 20

Utter Threats can be done in many manners

Answer 20

Talking, emailing, texting, social media, sending a message through a second party, etc.