Kinesiology 4459A/B Lecture Notes - Lecture 13: Indictable Offence, Summary Offence, Actus Reus
20 Feb 2017
School
Department
Course
Professor
Lecture 13
Criminal Law
Assault
• 265 (1) A person commits an assault when
o (a) without the consent of another person, he applies force intentionally to that other
person, directly or indirectly;
o (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
o (c) while openly wearing or carrying a weapon or an imitation thereof, he accosts or
impedes another person or begs.
Consent
(3) For the purposes of this section, no consent is obtained where the complainant submits or does not
resist by reason of
• (a) the application of force to the complainant or to a person other than the complainant;
• (b) threats or fear of the application of force to the complainant or to a person other than the
complainant;
• (c) fraud; or
• (d) the exercise of authority.
Assault (A.)
266 Every one who commits an assault is guilty of
• (a) an indictable offence and is liable to imprisonment for a term not exceeding five years; or
• (b) an offence punishable on summary conviction.
Assault and bodily harm (ABH)
267 Every one who, in committing an assault,
• (a) carries, uses or threatens to use a weapon or an imitation thereof, or
• (b) causes bodily harm to the complainant,
is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years or an
offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen
months.
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Document Summary
266 every one who commits an assault is guilty of (a) an indictable offence and is liable to imprisonment for a term not exceeding five years; or (b) an offence punishable on summary conviction. 221 every one who by criminal negligence causes bodily harm to another person is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years. **crown needs to prove both and negative any defences. Standard of proof beyond a reasonable doubt (b. a. r. d. ) Early canadian history of criminal law and sport. 7 judge panel all agreed in result, 6 agreed with justice gonthier"s approach. Appeal was decided due to there being no social utility to fist fights (even though both parties consented) Based on english court of appeal - it is not in the public interest that adults should willingly cause harm to one another without a good reason.
