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Assault causing bodily harm is a criminal offence in Canada. Assault and assault causing bodily harm are defined under sections 265 and 267 of the Criminal Code of Canada. The causing of “bodily harm” is what distinguishes assault causing bodily harm from common assault. Although the Criminal Code of Canada does not define “bodily harm”, it will include any hurt or injury to a person that interferes with the health and comfort of the person and is more than merely transient or trifling in nature. In McCraw, the court held that bodily harm includes psychological harm. Whether injuries amount to bodily harm is a question of law. Examples of injuries from which bodily harm results include, fracture of facial bones, temporary vision loss, swollen face, lacerations for a prolonged period. Do note that if you have also been charged with aggravated assault, it will carry a harsher penalty than assault causing bodily harm as it is a more serious charge. Aggravated assault is committed where the accused wounds, maims, disfigures or endangers the life of the complainant. These types of assault charges will commonly attract a jail sentence, even as a first-time offender.
Seeking guidance through legal challenges? Let us navigate the complexities together and find solutions tailored to your needs.
Seeking guidance through legal challenges? Let us navigate the complexities together and find solutions tailored to your needs.
Don’t leave your defence to chance! Contact a Criminal Lawyer Mississauga today.