Assault Causing Bodily Harm
In committing an assault, if a person causes bodily harm to another individual, they can be
charged with Assault Causing Bodily Harm.
What does bodily harm mean?
"Bodily harm" refers to any injury to the human body that causes pain or damage. In a legal context, a person causes bodily harm when they hurt or injure another person in a way that interferes with that person’s health or comfort. This interference has to be more than just short-term or a small nuisance, and needs to affect the person’s daily life. The definition of bodily harm can vary but it generally includes physical injuries that go beyond minor or transient discomfort.
"Bodily harm" refers to any injury to the human body that causes pain or damage. In a legal context, a person causes bodily harm when they hurt or injure another person in a way that interferes with that person’s health or comfort. This interference has to be more than just short-term or a small nuisance, and needs to affect the person’s daily life. The definition of bodily harm can vary but it generally includes physical injuries that go beyond minor or transient discomfort.
Examples of bodily harm may include, but are not limited to:
- 1. Cuts
- 2. Fractures or broken bones
- 3. Burns
- 4. Internal injuries
- 5. Concussions or other head injuries
- 6. Sprains or strains
- 7. Serious disfigurement
- 8. Any injury that requires medical attention or treatment
Legal defences to assault causing bodily harm
In law, the defence of consent cannot be mounted against a charge of assault causing bodily
harm. A person cannot legally consent to be caused bodily harm. The two most common
defences to a charge of assault causing bodily harm are:
1. Self-defence
To be successful in proving self-defence, the accused must convince the court that:
- He or she had reasonable grounds to believe that they were being assaulted; and
- Given the circumstances, the accused’s actions were reasonable.
2. Accident
There are also situations where the physical contact was, in fact, an accident.
Any unintentional application of force is not an assault, whether it is characterized as an
accident, or simply the act of bumping into someone in a crowded hallway. In such cases, a
person would not be guilty of assault because they did not have the required mens rea to
commit the assault. It is the Crown Prosecutor’s responsibility to prove, beyond a
reasonable doubt, that the accused intentionally applied force.
Penalties for Assault Causing Bodily Harm
The severity of bodily harm can influence the charges and penalties in criminal cases. Assault causing bodily harm is a hybrid offence. The Crown chooses whether the offence will be treated as a less serious summary conviction offence, or a more serious indictable offence. If found guilty on summary conviction, a person convicted of assault causing bodily harm will be liable to imprisonment for a maximum of eighteen months. If convicted on indictment, a person will be liable to imprisonment for a maximum of 10 years.
The severity of bodily harm can influence the charges and penalties in criminal cases. Assault causing bodily harm is a hybrid offence. The Crown chooses whether the offence will be treated as a less serious summary conviction offence, or a more serious indictable offence. If found guilty on summary conviction, a person convicted of assault causing bodily harm will be liable to imprisonment for a maximum of eighteen months. If convicted on indictment, a person will be liable to imprisonment for a maximum of 10 years.
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