History of Aggravated Sexual Assault: Difference between revisions
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[[fr:Histoire d'agression sexuelle aggravée]] | |||
{{HeaderHistory}} | {{HeaderHistory}} | ||
{{LevelOne}} | {{LevelOne}} | ||
==Amendments== | ==Amendments== | ||
{{seealso|List of Criminal Code Amendments|Aggravated Sexual Assault (Offence)}} | {{seealso|List of Criminal Code Amendments|Aggravated Sexual Assault (Offence)}} | ||
===2012 to present=== | ===2012 to present=== | ||
On November 6, 2012, s. 273 was amended to read: | On November 6, 2012, s. 273 was amended to read: | ||
{{ | {{quotation1| | ||
; Aggravated sexual assault | |||
273 | 273 (1) Every one commits an aggravated sexual assault who, in committing a sexual assault, wounds, maims, disfigures or endangers the life of the complainant. | ||
<br> | <br> | ||
; Aggravated sexual assault | |||
(2) Every person who commits an aggravated sexual assault is guilty of an indictable offence and liable | (2) Every person who commits an aggravated sexual assault is guilty of an indictable offence and liable | ||
:(a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if any firearm is used in the commission of the offence and the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for life and to a minimum punishment of imprisonment for a term of | :(a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if any firearm is used in the commission of the offence and the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for life and to a minimum punishment of imprisonment for a term of | ||
| Line 19: | Line 19: | ||
:(b) in any other case, to imprisonment for life. | :(b) in any other case, to imprisonment for life. | ||
; Subsequent offences | |||
(3) In determining, for the purpose of paragraph (2)(a), whether a convicted person has committed a second or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence: | (3) In determining, for the purpose of paragraph (2)(a), whether a convicted person has committed a second or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence: | ||
:(a) an offence under this section; | :(a) an offence under this section; | ||
| Line 26: | Line 26: | ||
However, an earlier offence shall not be taken into account if 10 years have elapsed between the day on which the person was convicted of the earlier offence and the day on which the person was convicted of the offence for which sentence is being imposed, not taking into account any time in custody. | However, an earlier offence shall not be taken into account if 10 years have elapsed between the day on which the person was convicted of the earlier offence and the day on which the person was convicted of the offence for which sentence is being imposed, not taking into account any time in custody. | ||
<br> | <br> | ||
; Sequence of convictions only | |||
(4) For the purposes of subsection (3), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction. | (4) For the purposes of subsection (3), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction. | ||
<br> | <br> | ||
R.S., 1985, c. C-46, s. 273; 1995, c. 39, s. 146; 2008, c. 6, s. 29; 2009, c. 22, s. 11; 2012, c. 1, s. 27. | R.S., {{LegHistory80s|1985, c. C-46}}, s. 273; {{LegHistory90s|1995, c. 39}}, s. 146; {{LegHistory00s|2008, c. 6}}, s. 29; {{LegHistory00s|2009, c. 22}}, s. 11; {{LegHistory10s|2012, c. 1}}, s. 27. | ||
| | |{{CCCSec2|273}}}} | ||
Changes from 2012 underlined. | Changes from 2012 underlined. | ||
| Line 36: | Line 36: | ||
===2009 to 2012=== | ===2009 to 2012=== | ||
On October 2, 2009, s. 273 was amended to read: | On October 2, 2009, s. 273 was amended to read: | ||
{{ | {{quotation1| | ||
; Aggravated sexual assault | |||
273 | 273 (1) Every one commits an aggravated sexual assault who, in committing a sexual assault, wounds, maims, disfigures or endangers the life of the complainant. | ||
<br> | <br> | ||
; Aggravated sexual assault | |||
(2) Every person who commits an aggravated sexual assault is guilty of an indictable offence and liable | (2) Every person who commits an aggravated sexual assault is guilty of an indictable offence and liable | ||
:(a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if any firearm is used in the commission of the offence and the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for life and to a minimum punishment of imprisonment for a term of | :(a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if any firearm is used in the commission of the offence and the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for life and to a minimum punishment of imprisonment for a term of | ||
| Line 48: | Line 48: | ||
:(b) in any other case, to imprisonment for life. | :(b) in any other case, to imprisonment for life. | ||
; Subsequent offences | |||
(3) In determining, for the purpose of paragraph (2)(a), whether a convicted person has committed a second or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence: | (3) In determining, for the purpose of paragraph (2)(a), whether a convicted person has committed a second or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence: | ||
:(a) an offence under this section; | :(a) an offence under this section; | ||
| Line 56: | Line 56: | ||
However, an earlier offence shall not be taken into account if 10 years have elapsed between the day on which the person was convicted of the earlier offence and the day on which the person was convicted of the offence for which sentence is being imposed, not taking into account any time in custody. | However, an earlier offence shall not be taken into account if 10 years have elapsed between the day on which the person was convicted of the earlier offence and the day on which the person was convicted of the offence for which sentence is being imposed, not taking into account any time in custody. | ||
<br> | <br> | ||
; Sequence of convictions only | |||
(4) For the purposes of subsection (3), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction. | (4) For the purposes of subsection (3), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction. | ||
<br> | <br> | ||
R.S., 1985, c. C-46, s. 273; 1995, c. 39, s. 146; 2008, c. 6, s. 29; 2009, c. 22, s. 11. | R.S., {{LegHistory80s|1985, c. C-46}}, s. 273; {{LegHistory90s|1995, c. 39}}, s. 146; {{LegHistory00s|2008, c. 6}}, s. 29; {{LegHistory00s|2009, c. 22}}, s. 11. | ||
|[http://canlii.ca/t/ldk8 CCC] | |[http://canlii.ca/t/ldk8 CCC] | ||
| Line 68: | Line 68: | ||
On July 2, 2008, s. 273 was amended to read: | On July 2, 2008, s. 273 was amended to read: | ||
{{ | {{quotation1| | ||
; Aggravated sexual assault | |||
273 | 273 (1) Every one commits an aggravated sexual assault who, in committing a sexual assault, wounds, maims, disfigures or endangers the life of the complainant. | ||
<br> | <br> | ||
; Aggravated sexual assault | |||
(2) Every person who commits an aggravated sexual assault is guilty of an indictable offence and liable | (2) Every person who commits an aggravated sexual assault is guilty of an indictable offence and liable | ||
:<u>(a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if any firearm is used in the commission of the offence and the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for life and to a minimum punishment of imprisonment for a term of | :<u>(a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if any firearm is used in the commission of the offence and the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for life and to a minimum punishment of imprisonment for a term of | ||
| Line 80: | Line 80: | ||
:(b) in any other case, to imprisonment for life. | :(b) in any other case, to imprisonment for life. | ||
<u> | <u> | ||
; Subsequent offences | |||
(3) In determining, for the purpose of paragraph (2)(a), whether a convicted person has committed a second or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence: | (3) In determining, for the purpose of paragraph (2)(a), whether a convicted person has committed a second or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence: | ||
:(a) an offence under this section; | :(a) an offence under this section; | ||
| Line 88: | Line 88: | ||
However, an earlier offence shall not be taken into account if 10 years have elapsed between the day on which the person was convicted of the earlier offence and the day on which the person was convicted of the offence for which sentence is being imposed, not taking into account any time in custody. | However, an earlier offence shall not be taken into account if 10 years have elapsed between the day on which the person was convicted of the earlier offence and the day on which the person was convicted of the offence for which sentence is being imposed, not taking into account any time in custody. | ||
<br> | <br> | ||
; Sequence of convictions only | |||
(4) For the purposes of subsection (3), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction. | (4) For the purposes of subsection (3), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction. | ||
<br></u> | <br></u> | ||
R.S., 1985, c. C-46, s. 273; 1995, c. 39, s. 146; 2008, c. 6, s. 29. | R.S., {{LegHistory80s|1985, c. C-46}}, s. 273; {{LegHistory90s|1995, c. 39}}, s. 146; {{LegHistory00s|2008, c. 6}}, s. 29. | ||
|[http://canlii.ca/t/jgzb CCC] | |[http://canlii.ca/t/jgzb CCC] | ||
}} | }} | ||
| Line 97: | Line 97: | ||
===1995 to 2008=== | ===1995 to 2008=== | ||
{{ | {{quotation1| | ||
; Aggravated sexual assault | |||
273 | 273 (1) Every one commits an aggravated sexual assault who, in committing a sexual assault, wounds, maims, disfigures or endangers the life of the complainant. | ||
<br> | <br> | ||
; Aggravated sexual assault | |||
(2) Every person who commits an aggravated sexual assault is guilty of an indictable offence and liable | (2) Every person who commits an aggravated sexual assault is guilty of an indictable offence and liable | ||
:(a) where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and | :(a) where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and | ||
:(b) in any other case, to imprisonment for life. | :(b) in any other case, to imprisonment for life. | ||
R.S., 1985, c. C-46, s. 273; 1995, c. 39, s. 146. | R.S., {{LegHistory80s|1985, c. C-46}}, s. 273; {{LegHistory90s|1995, c. 39}}, s. 146. | ||
|[http://canlii.ca/t/hzbv CCC] | |[http://canlii.ca/t/hzbv CCC] | ||
}} | |||
===1985=== | |||
The 1985 Criminal Code was written as: | |||
{{quotation1| | |||
; Aggravated sexual assault | |||
273 (1) Every one commits an aggravated sexual assault who, in committing a sexual assault, wounds, maims, disfigures or endangers the life of the complainant. | |||
; Punishment | |||
(2) Every one who commits an aggravated sexual assault is guilty of an indictable offence and liable to imprisonment for life. | |||
| | |||
}} | |||
===1980=== | |||
The first enactment of aggravated sexual assault was under s. 246.3: | |||
{{quotation1| | |||
; Aggravated sexual assault | |||
246.3 (1) Every one commits an aggravated sexual assault who, in committing a sexual assault, wounds, maims, disfigures or endangers the life of the complainant. | |||
; Punishment | |||
(2) Every one who commits an aggravated sexual assault is guilty of an indictable offence and is liable to imprisonment for life. | |||
| | |||
}} | }} | ||
Latest revision as of 11:50, 23 October 2024
- < Criminal Law
- < Legislative History
Amendments
2012 to present
On November 6, 2012, s. 273 was amended to read:
- Aggravated sexual assault
273 (1) Every one commits an aggravated sexual assault who, in committing a sexual assault, wounds, maims, disfigures or endangers the life of the complainant.
- Aggravated sexual assault
(2) Every person who commits an aggravated sexual assault is guilty of an indictable offence and liable
- (a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if any firearm is used in the commission of the offence and the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for life and to a minimum punishment of imprisonment for a term of
- (i) in the case of a first offence, five years, and
- (ii) in the case of a second or subsequent offence, seven years;
- (a.1) in any other case where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and
- (a.2) if the complainant is under the age of 16 years, to imprisonment for life and to a minimum punishment of imprisonment for a term of five years; and
- (b) in any other case, to imprisonment for life.
- Subsequent offences
(3) In determining, for the purpose of paragraph (2)(a), whether a convicted person has committed a second or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence:
- (a) an offence under this section;
- (b) an offence under subsection 85(1) or (2) or section 244 or 244.2; or
- (c) an offence under section 220, 236, 239 or 272, subsection 279(1) or section 279.1, 344 or 346 if a firearm was used in the commission of the offence.
However, an earlier offence shall not be taken into account if 10 years have elapsed between the day on which the person was convicted of the earlier offence and the day on which the person was convicted of the offence for which sentence is being imposed, not taking into account any time in custody.
- Sequence of convictions only
(4) For the purposes of subsection (3), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction.
R.S., 1985, c. C-46, s. 273; 1995, c. 39, s. 146; 2008, c. 6, s. 29; 2009, c. 22, s. 11; 2012, c. 1, s. 27.
Changes from 2012 underlined.
2009 to 2012
On October 2, 2009, s. 273 was amended to read:
- Aggravated sexual assault
273 (1) Every one commits an aggravated sexual assault who, in committing a sexual assault, wounds, maims, disfigures or endangers the life of the complainant.
- Aggravated sexual assault
(2) Every person who commits an aggravated sexual assault is guilty of an indictable offence and liable
- (a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if any firearm is used in the commission of the offence and the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for life and to a minimum punishment of imprisonment for a term of
- (i) in the case of a first offence, five years, and
- (ii) in the case of a second or subsequent offence, seven years;
- (a.1) in any other case where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and
- (b) in any other case, to imprisonment for life.
- Subsequent offences
(3) In determining, for the purpose of paragraph (2)(a), whether a convicted person has committed a second or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence:
- (a) an offence under this section;
- (b) an offence under subsection 85(1) or (2) or section 244 or 244.2; or
- (c) an offence under section 220, 236, 239 or 272, subsection 279(1) or section 279.1, 344 or 346 if a firearm was used in the commission of the offence.
However, an earlier offence shall not be taken into account if 10 years have elapsed between the day on which the person was convicted of the earlier offence and the day on which the person was convicted of the offence for which sentence is being imposed, not taking into account any time in custody.
- Sequence of convictions only
(4) For the purposes of subsection (3), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction.
R.S., 1985, c. C-46, s. 273; 1995, c. 39, s. 146; 2008, c. 6, s. 29; 2009, c. 22, s. 11.– CCC
Changes from 2009 underlined.
2008 to 2009
On July 2, 2008, s. 273 was amended to read:
- Aggravated sexual assault
273 (1) Every one commits an aggravated sexual assault who, in committing a sexual assault, wounds, maims, disfigures or endangers the life of the complainant.
- Aggravated sexual assault
(2) Every person who commits an aggravated sexual assault is guilty of an indictable offence and liable
- (a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if any firearm is used in the commission of the offence and the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for life and to a minimum punishment of imprisonment for a term of
- (i) in the case of a first offence, five years, and
- (ii) in the case of a second or subsequent offence, seven years;
- (a.1) in any other case where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and
- (b) in any other case, to imprisonment for life.
- Subsequent offences
(3) In determining, for the purpose of paragraph (2)(a), whether a convicted person has committed a second or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence:
- (a) an offence under this section;
- (b) an offence under subsection 85(1) or (2) or section 244; or
- (c) an offence under section 220, 236, 239 or 272, subsection 279(1) or section 279.1, 344 or 346 if a firearm was used in the commission of the offence.
However, an earlier offence shall not be taken into account if 10 years have elapsed between the day on which the person was convicted of the earlier offence and the day on which the person was convicted of the offence for which sentence is being imposed, not taking into account any time in custody.
- Sequence of convictions only
(4) For the purposes of subsection (3), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction.
R.S., 1985, c. C-46, s. 273; 1995, c. 39, s. 146; 2008, c. 6, s. 29.– CCC
Changes from 2008 underlined.
1995 to 2008
- Aggravated sexual assault
273 (1) Every one commits an aggravated sexual assault who, in committing a sexual assault, wounds, maims, disfigures or endangers the life of the complainant.
- Aggravated sexual assault
(2) Every person who commits an aggravated sexual assault is guilty of an indictable offence and liable
- (a) where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and
- (b) in any other case, to imprisonment for life.
R.S., 1985, c. C-46, s. 273; 1995, c. 39, s. 146.
– CCC
1985
The 1985 Criminal Code was written as:
- Aggravated sexual assault
273 (1) Every one commits an aggravated sexual assault who, in committing a sexual assault, wounds, maims, disfigures or endangers the life of the complainant.
- Punishment
(2) Every one who commits an aggravated sexual assault is guilty of an indictable offence and liable to imprisonment for life.
–
1980
The first enactment of aggravated sexual assault was under s. 246.3:
- Aggravated sexual assault
246.3 (1) Every one commits an aggravated sexual assault who, in committing a sexual assault, wounds, maims, disfigures or endangers the life of the complainant.
- Punishment
(2) Every one who commits an aggravated sexual assault is guilty of an indictable offence and is liable to imprisonment for life.
–