Law

Learning Indicators Identify and explain the 3 levels of assault Analyze cases and identify if assault is present and which level of assault is present

Assault The issue of consent is vital Did the victim give permission to be touched consent is implied at times (hockey game) But not always (Steve Moore assaulted by Bertuzzi) Three levels of assault (Increasing severity and punishment) 1. Assault 2. Assault Causing Bodily Harm or Assault with a Weapon 3. Aggravated Assault

A person commits an assault when... without the consent of another person, applies force intentionally to that other person, directly or indirectly he attempts or threatens, by an act or a gesture, to apply force to another person, if the victim reasonably believes the act can be followed through while openly wearing or carrying a weapon or an imitation thereof, he impedes another person or begs. Level 1: Assault (aka common or simple assault)

Harmful words aren’t assault. Must include belief the person can follow through Ex. ? Hybrid offence – 5 yrs or 6 months/2000 fine Page 224 You Be The Judge (read and discuss)

Every one who, in committing an assault... carries, uses or threatens to use a weapon or an imitation thereof, or causes bodily harm to complainant "bodily harm" means any hurt or injury to a person that interferes with the health or comfort of the person and is more than merely transient or trifling in nature Level 2: Assault with a weapon or Assault causing bodily harm In other words – if you commit a level one assault and do one of the following

Hybrid offence – 10 yrs or 18 months

Every one commits an aggravated assault who wounds, maims, disfigures or endangers the life of the complainant Wound = break of skin. Must endanger, not simply have the potential to endanger. Mens rea = level 2 assault (ie. You don’t need to mean to commit level 3 only level 2) Consent not accepted when weapon used Level 3: Aggravated Assault

Level 3 Maximum term of 14 yrs in prison For all three levels – no minimum sentence unless a firearm is used

Unlawfully Causing Bodily Harm An unlawful act which results in harm. For example: throwing a bottle on the road and bottle fragments cut someone Same sentence as level 2 assault