Practicing Areas – Assaults

The classic definition in criminal law specifies that for an offence of Assault to be established the court must find beyond a reasonable doubt:

• That the accused applied force directly or indirectly to the complainant

  AND

• That the accused intended to apply force

  AND

• That the complainant did not consent to the application of force by the accused.

If the court is not convinced beyond a reasonable doubt of each of these factors, the accused will be found not guilty.

The definition of Assault in the Criminal Code has been expanded by Parliament to include acts that typically precede the application of force and could otherwise be viewed as Uttering Threats. The expanded definition of Assault includes an attempt or threat by act or gesture to apply force.

Words without a gesture will not constitute an Assault. However, where the complainant reasonably believes that the accused has the ability to follow through on the gesture, if proven this constitutes an Assault. For example, a person who raises their hand at another and says “I’m going to smack you” will have committed an assault only if the complainant believes on reasonable grounds that the accused has the ability to follow through.

An Assault has also been committed when an accused either accosts or impedes a person while openly wearing a weapon or imitation weapon

The basic definition of Assault applies to the subcategories of Assault including Sexual Assault, Assault with a Weapon, Assault Causing Bodily Harm and Aggravated Sexual Assault.

On a conviction for Assault prosecuted by indictment, the maximum penalty is five years imprisonment

For further information or for a free initial consultation, please contact our Vancouver law office.