Assault – Section 265 Criminal Code and Assault with a weapon – Section 267 Criminal Code
Assault is an intentional application of direct or indirect force on a person without consent. Section 265 includes all forms of assault including sexual assault, sexual assault with a weapon, aggravated sexual assault and threats to a third party or causing bodily harm. This includes carrying a weapon and / or imitation of a weapon.
Maximum penalty for this crime according to Section 266 of the Criminal Code cannot exceed five years. Since consent plays a major role, fights between consenting parties are not viewed as assault. However, it is no excuse for serious hurt or bodily harm caused as a result of the fight.
Likewise, minimal force used as a part of self defence is a lawful excuse. Excessive force used in self-defence is no excuse for assault. In deciding whether the force used was reasonable the court would take into consideration, a wide range of subjective and objective factors including the circumstances, the parties, their size, age, gender and physical capabilities.
Section 267 finds a person guilty of assault with a weapon even when such person threatens to use a weapon or an imitation of a weapon prescribing a maximum punishment of 10 years of imprisonment. Mere threat is deemed assault. The legal definition of the term ‘weapon’ is anything that is used, designed or intended to be used in causing death or injury or for the purpose of threatening or intimidating a person.
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