What is Assault Causing Bodily Harm?
Assault Causing Bodily Harm is a type of assault. Assault is the application of force or the threat of force against another individual without their consent and without legal justification or excuse.
The crime of Assault Causing Bodily Harm is an assault where the victim sustains injuries as a result of the assault. In addition, this offence has a causation element, which means that the Crown must prove that the violence was a contributing cause of the bodily harm. It is not sufficient that the violence be a simply minimal or insignificant cause of the injuries constituting bodily harm.
It is not necessary to have an intention to cause bodily harm. It is sufficient that one is reckless as to whether the act will cause the injuries sustained. It is also not necessary to establish that the specific injuries sustained are foreseeable. This means that a foreseeability of bodily harm in general can result in this charge.
What is Bodily Harm?
Bodily Harm refers to any harm that affects a person’s health, comfort or psychological well-being, in a manner that is more than transient or trifling. Examples of bodily harm include a bloody nose, serious bruising and broken bones.
What if someone consents?
Consent is a possible defence to simple assault. However, as a general rule, one cannot consent to bodily harm. Therefore, consensual fights which were intended to cause bodily harm are prohibited by the law.
What is the penalty for Assault Causing Bodily Harm?
This is a hybrid offence, which means that the Crown can elect to proceed summarily or by way of indictment. If the accused is charged with an indictable offence, the maximum sentence is 10 years in custody. If the Crown proceeds by way of summary conviction, the maximum sentence is 18 months in custody.
