Canadian Criminal Sentencing/Offences/Assault Peace Officer

Legislation Punishment s.270 (2) Every one who commits an offence under subsection (1) is guilty of (a) an indictable offence and is liable to imprisonment for a term not exceeding five years; or (b) an offence punishable on summary conviction. ... 718.02 When a court imposes a sentence for an offence under subsection 270(1), section 270.01 or 270.02 or paragraph 423.1(1)(b), the court shall give primary consideration to the objectives of denunciation and deterrence of the conduct that forms the basis of the offence. CCC Application For details on general principles and factors of assault-based offences, see Canadian Criminal Sentencing/Offences/Assaultive Offences Principles All offences involving assaults of peace officers is serious and so court must emphasize denunciation.R. v. Beaudin, 2012 ONCA 615 (CanLII) at para. 1 Spitting has been considered a serious offence. It is repulsive and disgusting R v Solomon, [2001] OJ No 5733 (CJ) at 2. Spitting can be harmful presents a risk of transferring diseases. This could result in permanent infections or at a minimum weigh on the officer's mind for some time.R v Solomon, at para 2 R v Joseph [2001] OJ No 5726 at para 3 R. v. Charlette, 2010 SKCA 78 (CanLII) at para. 9 - offender spat twice in officer's face and once on clothing ("The possibility of contracting a disease is real, and the fear of developing a disease preys on the victim’s mind for some time to come.") R. v. Ryan, [2001] O.J. No. 5069 (C.J.) at 4 R v Ratt, 2012 SKPC 154 (CanLII) - herpes can spread by spitting including in the eye 2 Factors Primary Factors spitting: degree of risk of communicating diseases Assault Peace Officer