Assault causing bodily harm
Encyclopedia
Assault causing bodily harm is a statutory offence of aggravated assault in Canada
. It is committed by anyone who, in committing an assault, causes bodily harm to the complainant. It replaces the offence of assault occasioning actual bodily harm.
stated, at page 509, in R v. Donovan [1934] 2 KB 498 (also 25 Cr. App. Rep.1 CCA) and repeated, at 557D, in R v. Chan-Fook [1994] 2 All ER 552 (where the reference to transient or trifling injuries is taken as applying to actual bodily harm rather than bodily harm).
. It is punishable, on conviction on indictment, with imprisonment for a term not exceeding ten years, or, on summary conviction, with imprisonment for a term not exceeding eighteen months.
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
. It is committed by anyone who, in committing an assault, causes bodily harm to the complainant. It replaces the offence of assault occasioning actual bodily harm.
Bodily harm
Bodily harm is defined as any hurt or injury to a person that interferes with the health or comfort of the person and that is more than merely transient or trifling in nature. This definition is similar (if it is not word for word) to the common law definition of actual bodily harmActual bodily harm
Assault occasioning actual bodily harm is a statutory offence of aggravated assault in England and Wales, Northern Ireland, the Australian Capital Territory, New South Wales, Hong Kong and the Solomon Islands...
stated, at page 509, in R v. Donovan [1934] 2 KB 498 (also 25 Cr. App. Rep.1 CCA) and repeated, at 557D, in R v. Chan-Fook [1994] 2 All ER 552 (where the reference to transient or trifling injuries is taken as applying to actual bodily harm rather than bodily harm).
Mode of trial and sentence
Assault causing bodily harm is a hybrid offenceHybrid offence
A hybrid offence, dual offence, Crown option offence, dual procedure offence, or wobbler are the special class offences in the common law jurisdictions where the case may be prosecuted either summarily or as indictment...
. It is punishable, on conviction on indictment, with imprisonment for a term not exceeding ten years, or, on summary conviction, with imprisonment for a term not exceeding eighteen months.