Aggravated Assault

In order for an assault to meet the definition of an aggravated assault, the injury must be much more substantial. Any sort of injury that wounds, maims, disfigures or endangers the life of another meets the definition of an aggravated assault. Aggravated assault is an extremely serious type of assault.

The Crown is not obligated to demonstrate that the accused intended to wound, maim, or disfigure the complainant. Instead, it must establish that the accused had an "objective foresight of bodily harm." This criterion is also applicable to charges of assault causing bodily harm. In cases where the injury falls within the category of "minor bodily harm," it will be insufficient to substantiate claims of wounding, maiming, or disfigurement.

"Wound" refers to any break in the skin or cutting of the skin or tissue which causes bleeding. It generally refers to permanent damage. "Maiming" refers to "a hurt to the body that causes a person to be less able to fight" or otherwise function. This includes breaking of bones. "Disfigure" refers to injuries that amount to "more than a temporary marring of the figure or appearance."

A person convicted of aggravated assault is guilty of an indictable offence and will be liable to imprisonment for a maximum of fourteen years.

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