History of Assault with a Weapon or Causing Bodily Harm (Offence)

From Criminal Law Notebook

History

See also: Assault with a Weapon or Causing Bodily Harm (Offence)

Section 267 was amended in 199, c. 44, s. 17, increasing the maximum summary penalty to 18 months and the maximum indictable penalty to 10 years.

Enactment 1980-81-82-83, c. 125, s. 19 replaced s. 245 with the following:

Assault with a weapon or causing bodily harm

245.1 (1) Every one who, in committing an assault,

(a) carries, uses or threatens to use a weapon or an imitation thereof, or
(b) causes bodily harm to the complainant, is guilty of an indictable offence and is liable to imprisonment for ten years.
Definition of “bodily harm”

(2) For the purposes of this section and sections 245.3 and 246.2, “bodily harm” means any hurt or injury to the complainant that interferes with his or her health or comfort and that is more than merely transient or trifling in nature.

Section 231 was renumbered to s. 245.

Criminal Code, 1953-54, c. 51 joined common assault with assault causing bodily harm:

231 Every one who commits a common assault is guilty of

(a) an indictable offence and is liable to imprisonment for two years, or
(b) an offence punishable on summary conviction.
Causing bodily harm by assault or otherwise

(2) Every one who unlawfully causes bodily harm to any person or commits an assault that causes bodily harm to any person is guilty of an indictable offence and is liable to imprisonment for two years.

The Criminal Code 1892, c. 29:

Wounding

242 Every one is guilty of an indictable offence and liable to three years' imprisonment who lawfully wounds or inflicts any grievous bodily harm upon any other person, either with or without any weapon or instrument.

Assaults causing actual bodily harm

262 Every one who commits any assault which occasions actual bodily harm is guilty of art indictable offence and liable to three years' imprisonment.

See Also