Practice areas
Assault
In its simplest form, an assault under section 265 of the Criminal Code is committed when one person intentionally applies force, or threat of force, to another person without consent. Depending on the severity, nature and method of the assault, you may be charged with with a more serious offence including: assault with a weapon or causing bodily harm, aggravated assault, unlawfully causing bodily harm, assaulting a peace officer, or sexual assault.
As with any Criminal Offence, the Crown must prove the allegations beyond a reasonable doubt. This includes the identity of the accused, the application of force, as well as any additional element i.e. actual bodily harm, a weapon was used, assault was sexual in nature. Many issues can arise during an assault trial that provide a defence including consent and self-defence.
Self Defence
The Criminal Code codifies a complete defence when force is used to defend yourself or another person. In order for a Judge to acquit an accused on the grounds of self-defence they must consider section 34 of the Criminal Code:
34(1) A person is not guilty of an offence if
(a) they believe on reasonable and probable 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 the constitutes the offence is committed for the purpose of defending or protecting themselves or the other person from that use or threat of force; and
(c) the act committed is reasonable in the circumstances.
(2) In determining whether the act committed is reasonable in the circumstances, the court shall consider the relevant circumstances of the person, the other parties and the act, including, but not limited to, the following factors:
(a) the nature of the force or threat;
(b) the extent to which the use of force was imminent and whether there were other means available to respond to the potential use of force;
(c) the person’s role in the incident;
(d) whether any party to the incident used or threatened to use a weapon;
(e) the size, age, gender and physical capabilities of the parties to the incident;
(f) the nature, duration and history of any relationship between the parties to the incident, including any prior use or threat of force and the nature of that force or threat;
(f.1) any history of interaction or communication between the parties to the incident;
(g) the nature and proportionality of the person’s response to the use or threat of force; and
(h) whether the act committed was in response to a use or threat of force that the person knew was lawful.
In considering the above factors the three basic conditions must be met:
1) the accused must believe on reasonable grounds that force is being used against them or another person or that a threat of force is being used against them or another person;
2) the accused’s actions were committed for the purpose of defending or protecting themselves or the other person from that use or threat of force; and
3) the accused’s actions were reasonable in the circumstances.
The accused only needs to raise a doubt about the application of self-defence in order for an acquittal.
As with any crime that has serious consequences, if you are charged with any kind of assault you should contact a criminal defence lawyer who will fight for your rights. You have the right to review the evidence the Crown will be alleging against you prior to deciding what option is in your best interest. Curtis Mennie has successfully defended every types of assault. Calgary Criminal lawyer Curtis Mennie will take the time to walk you through the case against you and fight for your rights.
Assault - S.265
Assault with a weapon or causing bodily harm - S.267
Aggravated Assault - S.268
Unlawfully causing bodily harm - S.269
Assaulting a peace officer - S.270
Sexual Assault - S.271
Criminal Harassment - S.264(1)
