History of Common Assault (Offence)

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History

Criminal Code, R.S.C. 1985, c. C-46

Section 244 was renumbered to s. 265. No changes were made.

Section 245 was renumbered to s. 266. The phrase "a term not exceeding" was added.

An Act to amend the Criminal Code, S.C. 1980-81-82-83, c. 125

Section 245 was repealed and replaced with 245:

Assault

244 (1) A person commits an assault when

(a) without the consent of another person, he applies force intentionally to that other person, directly or indirectly;

(b) he attempts or threatens, by an act or gesture, to apply force to another person, if he has, or causes that other person to believe upon reasonable grounds that he has, present ability to effect his purpose; or

(c) while openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs.

Application

(2) This section applies to all forms of assault, including sexual assault, sexual assault with a weapon, threats to a third party or causing bodily harm and aggravated sexual assault.

Consent

(3) For the purposes of this section, no consent is obtained where the complainant submits or does not resist by reason of

(a) the application of force to the complainant or to a person other than the complainant;

(b) threats or fear of the application of force to the complainant or to a person other than the complainant;

(c) fraud; or

(d) the exercise of authority.

Accused's belief as to consent

(4) Where an accused alleges that he believed that the complainant consented to the conduct that is the subject-matter of the charge, a judge, if satisfied that there is sufficient evidence and that, if believed by the jury, the evidence would constitute a defence, shall instruct the jury, when reviewing all the evidence relating to the determination of the honesty of the accused's belief, to consider the presence or absence of reasonable grounds for that belief.

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Section 245 was repealed and replaced with 245:

Assault

245 Every one who commits an assault is guilty of

(a) an indictable offence and is liable to imprisonment for five years; or

(b) an offence punishable on summary conviction.

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Criminal Law Amendment Act, S.C. 1974-75-76, c. 93

Section 244 was replaced with the following:

244 A person commits an assault when

(a) without the consent of another person or with consent, where it is obtained by fraud, he applies force intentionally to the person of the other, directly or indirectly;

(b) he attempts or threatens, by an act or gesture, to apply force to the person of the other, if he has or causes the other to believe upon reasonable grounds that he has present ability to effect his purpose; or

(c) while openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person and begs.

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Criminal Law Amendment Act, S.C. 1972, c. 13

Section 245 was repealed and replaced with s. 245(1):

Common assaults

245 (1) Every one who commits a common assault is guilty of an offence punishable on summary conviction.

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Criminal Code, R.S.C. 1970, c. C-34

Section 230 was renumbered as s. 244.

Subsection 231(1) was renumbered as s. 245(1).

Criminal Code, 1953-54, c. 51

Section 290 was replaced with s. 230:

“Assault”

230 A person commits an assault when, without the consent of another person or with consent, where it is obtained by fraud,

(a) he applies force intentionally to the person of the other, directly or indirectly, or

(b) he attempts or threatens, by an act or gesture, to apply force to the person of the other, if he has or causes the other to believe upon reasonable grounds that he has present ability to effect his purpose.

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Section 291 was replaced with s. 231(1):

Punishment for common assault

231 (1) 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.

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Criminal Code, R.S.C. 1927, c. 36

Sections 290 and 291 were not changed.

Criminal Code, R.S.C. 1906, c. 146

Section 258 was renumbered as s. 290.

Section 265 was renumbered as s. 291.

Criminal Code, 1892, c. 29

Assault defined

258 An assault is the act of intentionally applying force to the person of another, directly or indirectly, or attempting or threatening, by any act or gesture, to apply force to the person of another, if the person making the threat has, or causes the other to believe, upon reasonable grounds, that he has, present ability to effect his purpose, and in either case, without the consent of the other or with such consent, if it is obtained by fraud.

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Common assaults

265 Every one who commits a common assault is guilty of an indictable offence and liable, if convicted upon an indictment, to one year's imprisonment, or to a fine not exceeding one hundred dollars, and on summary conviction to a fine not exceeding twenty dollars and costs, or to two months' imprisonment with or without hard labour.

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