Canadian Criminal Law/Offences/Assault with a Weapon

Proof of Offence
In addition to the requirement to prove identity, time and jurisdiction, the prosecution should prove:
 * 1) the accused assaulted the victim
 * 2) the accused committed the assault by use of a weapon or threaten to use a weapon

Interpretation
One cannot consent to being stabbed.

Mens rea
An intention to throw an object without an intention to throw the object at someone, is not sufficient mens rea. By contrast where there is objectively foreseeability of harm of the act, there may be liability. Where the accused throws something carelessly it will usually not be sufficient intent for the mens rea.

However, a recklessness in the act is sufficient to convict.

The doctrine of transferred intent allows the intent to assault one person to satisfy the mens rea for an assault against another person where that second person was not the target. The result is that the intention of a failed assault will transfer to the successful assault of another person.

Kienapple
Many cases state that an accused cannot be convicted of Assault with a Weapon and Assault Causing Bodily Harm where they arise out of the same circumstances. The same goes for the offence of assault with a weapon and aggravated assault.

Where the evidence is substantially the same for proving the elements of possession for a dangerous purpose and assault with a weapon, convictions on both are precluded.

Traditional Defences

 * Consensual fight
 * Self-Defence
 * Defence of Another
 * Defence of Property
 * Accident and Mistake
 * De Minimus