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Canadian Criminal Sentencing/Offences/Assault Causing Bodily Harm
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Legislation
Assault with a weapon or causing bodily harm
267. Every one who, in committing an assault,
...
(b) causes bodily harm to the complainant, is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years or an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months. CCC
Application
For general principles and factors of assault-based offences, see Assaultive Offences
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.e.g. R. v. Arnill, [1999] O.J. No. 332 (C.A.), 1999 CanLII 3188 (ON CA)
R. v. Basilio 2003 CanLII 15531 (ON CA), (2003), 175 C.C.C. (3d) 440 (Ont. C.A.)
R. v. Briscoe (1992), 17 B.C.A.C. 302, 1992 CanLII 938 (BC CA)
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Relevant Probationary Terms
Ancillary Orders
DNA Order
109 Prohibition Orders
Assault Causing