Federal Law 11 Assault PDF

www.opcva.ca Federal Law 11 Assault Version: BCT Federal Law September 2022SL © Queen's Printer for Ontario, 2018 Objectives • Demonstrate an understanding of the facts in issue for assault, assault with a weapon/cause bodily harm, and aggravated assault • Demonstrate an understanding of the d...

www.opcva.ca Federal Law 11 Assault Version: BCT Federal Law September 2022SL © Queen's Printer for Ontario, 2018 Objectives • Demonstrate an understanding of the facts in issue for assault, assault with a weapon/cause bodily harm, and aggravated assault • Demonstrate an understanding of the definition of assault • Demonstrate an understanding of the definition of weapon 2 Assault S. 265.(1) A person commits an assault when (a) without the consent of another person, he applies force intentionally, to that other person, directly or indirectly; (b) he attempts or threatens, by an act or gesture, to apply force to another person, if he has, or causes that other person to believe on reasonable grounds that he has the present ability to effect his purpose; or (c) while openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs 3 Assault S. 265. (1)(a) • without the consent of another person • applies force intentionally to that other person • directly or indirectly 4 Assault S. 265. (1)(b) • attempts or threatens, • by an act or gesture, • to apply force to another person, • causes that other person to believe on reasonable grounds • has the present ability to effect his purpose. 5 Assault S. 265. (1)(c) • openly wearing or carrying • a weapon or imitation thereof • accosts • impedes another person or • begs 6 Definition of Weapon Section 2 C.C Means any thing used, designed to be used or intended for use a) In causing death or injury to any person, or b) For the purpose of threatening or intimidating any person includes any firearm and, for the purposes of Sections 88, 267 and 272, any thing used, designed to be used or intended for use in binding or tying up a person against their will. 7 Assault Sec. 265(2) Application • applies to all forms of assault • sexual assault • sexual assault with a weapon, threats to a third party or causing bodily harm and • aggravated sexual assault 8 Assault Sec. 265(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 (d) the exercise of authority 9 Assault Sec. 266 Offence section – Everyone 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 10 Assault Cause Bodily Harm or with a Weapon Sec. 267 Everyone 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, or (c) chokes, suffocates or strangles the complainant Dual Procedure offence Indictable – max 10 years Summary conviction – max 2 years less a day 11 Aggravated Assault Sec. 268(1) Everyone, commits an aggravated assault who • • • • wounds maims disfigures or endangers the life of a person Indictable offence – max 14 years 12 Assault Peace Officer Sec. 270 (1) Everyone commits an offence who a) assaults a public officer or a peace officer engaged in the execution of his duty or a person acting in aid of such an officer; b) assaults a person with intent to resist or prevent the lawful arrest or detention of himself or another person; or c) assaults a person (i) who is engaged in the lawful execution of a process against lands or goods or in making a lawful distress or seizure; or (ii) with intent to rescue anything taken under lawful process, distress, or seizure. 13 Assault Peace Officer Sec. 270 (1)(a) Everyone commits an offence who assaults a public officer or a peace officer engaged in the execution of his duty or a person acting in aid of such an officer; Execution of Duty: “Lawfully performing an identifiable and specific duty, authorized by statute or common law” 14 Assault with Intent to Resist Arrest Sec. 270 (1)(b) Everyone commits an offence who assaults a person with intent to resist or prevent the lawful arrest or detention of himself or another person; or 15 Assault Peace Officer Sec. 270 (1)(c) Everyone commits an offence who assaults a person who is engaged in the lawful execution of a process against lands or goods or in making a lawful distress or seizure; or with intent to rescue anything taken under lawful process, distress, or seizure. 16 Assault Bodily Harm Peace Officer Sec. 270.01(1) Everyone commits an offence who, in committing an assault referred to in section 270 a) carries, uses or threatens to use a weapon or an imitation of one, or b) causes bodily harm to the complainant Dual Procedure offence Indictable max 10 years, Summary 2 years less a day 17 Aggravated Assault of Peace Officer Sec. 270.02 Everyone who, in committing an assault referred to in section 270, • wounds, • maims, • disfigures or • endangers the life of Indictable offence – max 14 years 18 Disarming a Police Officer Sec. 270.1 (1) Everyone commits an offence who, without the consent of a peace officer, takes or attempts to take a weapon that is in the possession of the peace officer when the peace officer is engaged in the execution of his or her duty. (2) For the purpose of subsection (1), “weapon” means anything that is designed to be used to cause injury or death to, or to temporarily incapacitate, a person. Dual Procedure Offence Indictable max 5 years Summary max 2 years less a day 19 Homework Assignment Federal Law 11 workbook questions Federal Law 11 OPCVA quiz questions Don’t forget your open book questions!! 20