Canadian Criminal Law/Offences/Common Assault

Summary
The offence of common assault is set out in s.265. It is the most basic of offences of violence. Section 265 sets out three ways for the offence to occur. It can be through the intentional non-consensual application of force. It can also be an attempt or threat of non-consensual application of force or lastly the interference with a person while having a weapon.

265(1)(a)

 * 1) identity of accused
 * 2) date and time of incident
 * 3) jurisdiction (incl. region and province)
 * 4) the accused applied force on the victim
 * 5) the accused intended to apply force and it was not by reflex or carelessly
 * 6) the manner in which assault occurred (whether by fist, open hand, or object)
 * 7) injuries, if any, that occurred
 * 8) compare physical build between the accused and victim
 * 9) that the complainant did not consent (see also s. 265(3) and (4))
 * 10) that the complainant did not assault, threaten or provoke the accused
 * 11) whether any alcohol was involved

265(1)(b)

 * 1) identity of accused
 * 2) date and time of incident
 * 3) jurisdiction (incl. region and province)
 * 4) the accused attempted or threatened to apply force to the victim
 * 5) the accused meant the threat to be taken seriously
 * 6) the accused had the ability to give effect to his purpose OR the victim reasonably believed he had the ability to give effect to his purpose
 * 7) no intentional physical contact was made
 * 8) compare physical build between the accused and victim
 * 9) that the complainant did not consent (see also s. 265(3) and (4))
 * 10) that the complainant did not assault, threaten or provoke the accused
 * 11) whether an alcohol was involved

265(1)(c)

 * 1) identity of accused
 * 2) date and time of incident
 * 3) jurisdiction (incl. region and province)
 * 4) the accused was "openly wearing or carrying a weapon or imitation thereof"
 * 5) the accused accosted or impeded the victim or begged
 * 6) compare physical build between the accused and victim
 * 7) that the complainant did not consent (see also s. 265(3) and (4))
 * 8) that the complainant did not assault, threaten or provoke the accused
 * 9) whether an alcohol was involved

All elements in bold are essential elements.

Force
An assault includes “the least of touching” without consent. The amount of force used is not material.

Intention
The Crown must prove the accused had intention to apply force. The use of the word “intentionally” refers to the application of force or “to the manner in which force is applied”

Force due to carelessness or reflex is not sufficient.

Consent
See Canadian Criminal Law/Consent (violent offences)

Traditional Defences

 * Consensual fight
 * Self-Defence
 * Defence of Another
 * Defence of Property
 * De Minimus
 * Reflex
 * Corrective Force

Domestic Assault

 * R. v. B.S.R., 2006 CanLII 29082 -- use of discreditable conduct
 * R. v. Dejong, 2005 BCPC 546 -- acquitted on de minimus