Assault

Question 1

what are the four Assault charges?

Answer 1

Assault

Assault with a weapon

Assault Cause Bodily Harm

Aggravated Assault

Question 2

Section 265 (1) “Assault”

Answer 2

265 (1) A person commits an assault when

(a) without the consent of another person, he applies force intentionally to that other person, directly or indirectly;
(b) he attempts or threatens, by an act or a gesture, to apply force to another person, if he has, or causes that other person to believe on reasonable grounds that he has, present ability to effect his purpose; or
(c) while openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs.

Question 3

Common law States consensual fights are NOT a crime where:

Answer 3

Adults consent to apply force

Causing serious hurt or non-trivial bodily harm in the course of a fist fight

Also includes rough sporting activities as long as it is within customary norms and rules of the game

school yard fights

tv/ movie stunt persons

Question 4

what are key words in non-criminal fights “assaults”

Answer 4

consent

reasonability

Question 5

when is consent viewed as not being actually obtained?

Answer 5

Application of force to complainant or another.

Threats or fear of application of force to complainant or another

Obtained by fraud ( false arrest)

Question 6

How is reasonability linked into consent?

Answer 6

if one is in a consensual fight and applies an unreasonable amount of force, that fight is deemed a crime

Question 7

Section 267: Assault with a weapon or cause bodily harm:

Answer 7

Every one who, in committing an assault,

(a) carries, uses or threatens to use a weapon or immitation thereof, or
(b) for the purpose of threatening or intimidating any person

Question 8

Define weapon section 2 of the criminal code:

Answer 8

Anything used, designed to be used or intented for use:

(a) in causing death or injury to any person or
(b) For the purpose of threatening or intimidating any person

Question 9

Define Bodily Harm Section 2 of the criminal code:

Answer 9

Any hurt or injury to a person that interferes with ther health or comfort and that is more than merely transient or trifling in nature.

Question 10

Case law examples of bodily harm:

Answer 10

Includes broken bones

lacerations

contusions

Question 11

Aggravated Assault Section 268 (1) Criminal Code:

Answer 11

Everyone commits an aggravated assault who wounds, maims, disfigures or endagers the life of the complainant.

Question 12

Self Defence Section 34 of the criminal code:

Answer 12

34(1) A person is not guilty of an offence if

(a) they believe on reasonable grounds that force is being used against them or another person or that a threat of force is being made against them or another person
(b) the act that constitutes the offence is committed for the purpose of defending or protecting themselves or other persons from that use or threat of force; and
(c) the act committed is reasonable in the circumstances

Question 13

5 peace officer Assault Charges:

Answer 13

Assault P.O.

Assault P.O. with a weapon

Assault P.O. cause bodily harm

Aggravated Assault P.O.

Disarm Peace officer

Question 14

Assault P.O. Section 270 Criminal Code:

Answer 14

Everyone commits an offence who:

(a) assaults a public officer or peace officer engaged in the execution of his duty or a person acting in aid of such an officer
(b) Assaults a person with intent to resist or prevent the lawful arrest or detention of another person

(c) Assault a person
(i) who engaged in the lawful execution of process against land or goods or making a lawful distress or seizure

Question 15

What are the three elements of an Assault P.O.

Answer 15

1. Public or Peace officer or person assisting
2. in lawful execution of his duty
3. Accused must be aware person is a Peace Officer

Question 16

Disarming a police officer Section 270.1(1)

Answer 16

everyone commits an offence who, without the consent of a peace officer, takes or attempts to take a weapon that is in the possession or the peace officer when the peace officer is in the execution of his or her duty.

Question 17

Weapon definition 270.1(2) for disarm P.O

Answer 17

anything designed to cause injury or death or to temporarily incapacitate a person:

firearm
taser
A.S.P. baton
O.C. spray

Question 18

Utter Threats: verbatim:

Answer 18

264. 1 (1) Every one commits an offence who, in any manner, knowingly utters, conveys or causes any person to receive a threat
     (a) to cause death or bodily harm to any person;
     (b) to burn, destroy or damage real or personal property; or
     (c) to kill, poison or injure an animal or bird that is the property of any person.

Question 19

What does any manner mean?

Answer 19

talking

Emailing

Texting

Messaging

Facebook

Sending a message through a second party

other ways of communicating

Question 20

“To cause Bodily harm” in an Utter threats charge means:

Answer 20

Any injury either physical or psychological Which interfers substantially with the physicla or psychological health or well being of a person