Canadian Criminal Law/Offences/Aggravated Assault

Proof of Offence
In addition to the essential elements of time, location, and identity, the prosecution should also prove:
 * 1) that an assault occurred (e.g. intentional application of force with no consent)
 * 2) the injuries sustained
 * 3) the injuries amounted to the victim being (See Injuries):
 * 4) wounded,
 * 5) maimed,
 * 6) disfigured, or
 * 7) had life endangered
 * 8) that there was no provocation

Interpretation
"Wound" refers to any break in the skin.

"Maiming" refers to "a hurt to the body that causes a person to be less able to fight". This includes breaking of bones.

"Disfigure" refers to injuries that amount to "more than a temporary marring of the figure or appearance".

Endangering life
The "endangerment" of life refers to the consequence of the injuries received (a product of wounds, maiming or disfigurement) and not simply the risk created by accused assaultive behaviour. No injuries are not necessary.

Discharging a firearm
Where the aggravated assault arises from the discharge of a firearm, the crown must prove:
 * 1) that the accused intentionally applied force or intentionally threatened to apply while having the ability to carry it out;
 * 2) that a reasonable person in the accused's position would have been able to foresee that pointing or firing the firearm would subject the victim to a risk of bodily harm; and
 * 3) that actual wounding, maiming, or disfigurement resulted.

Common Defences

 * Self-Defence
 * Defence of Another
 * Defence of Property
 * Reflex