There are many different types of assault offences in Canada. Two of the more serious forms are assault causing bodily harm and aggravated assault.
These are serious criminal charges that can carry lengthy jail sentences. However, there are important differences between the two offences.
To understand the difference, it helps to first look at how each offence is defined under Canada’s Criminal Code.
What Is Assault Causing Bodily Harm?
Assault causing bodily harm is addressed under section 267 of the Criminal Code.
This offence can occur when an individual commits an assault against another person that results in bodily harm.
The Criminal Code describes bodily harm as an injury that interferes with a person’s health or comfort and is more than merely “transient or trifling.”
Therefore, an injury that is temporary and minimal may not be serious enough to constitute bodily harm.
Examples of injuries that could potentially support an assault causing bodily harm charge include:
- Broken bones
- Significant bruising
- Cuts requiring medical attention
- Concussions
- A broken nose
- Dental injuries
- Ongoing pain resulting from an injury
Having an injury does not automatically mean it is serious enough to qualify as bodily harm. The Crown must still prove the elements of the offence beyond a reasonable doubt.
What Is Aggravated Assault?
Aggravated assault is addressed separately under section 268 of the Criminal Code.
A person commits aggravated assault when, while committing an assault, they wound, maim, disfigure, or endanger the life of another person.
The law therefore establishes a significantly higher threshold than bodily harm.
Examples of injuries that could potentially result in an aggravated assault allegation include:
- Severe stab wounds
- Life-threatening head injuries
- Permanent disfigurement
- Injuries causing lasting physical impairment
It is important to note that aggravated assault is not determined solely by the name or description of an injury. Courts assess the actual harm caused and the circumstances surrounding the incident.
What’s the Difference Between Aggravated Assault and Assault Causing Bodily Harm?
One way to compare assault causing bodily harm and aggravated assault is by examining the extent and seriousness of the harm caused.
Assault causing bodily harm requires bodily harm that is more than transient or trifling.
Aggravated assault requires an assault that wounds, maims, disfigures, or endangers the life of another person.
Consider a hypothetical situation where two people get into a fight. One person delivers a single punch and the other falls backwards onto the sidewalk.
If the punch results in an injury that meets the definition of bodily harm but does not reach the threshold required under section 268, an assault causing bodily harm charge may be considered.
If the same punch causes severe head trauma that endangers the person’s life, an aggravated assault charge may be possible.
Although the physical act may appear similar, the consequences of the violence can significantly affect the seriousness of the charge.
Can a Single Blow Result in Aggravated Assault Charges?
Yes.
Aggravated assault does not require repeated attacks or an assault lasting an extended period. A single blow can sometimes cause devastating injuries.
The severity of the resulting harm can depend on many factors, including:
- Where the injured person lands after being struck
- Whether their head or body strikes a hard surface
- Whether nearby objects contribute to the injury
- The location and force of the blow
- What happens immediately following the initial impact
Consider an altercation outside a bar.
One person punches another. The second person falls backwards and strikes their head on the concrete, suffering severe head trauma that puts their life at risk.
A single punch can potentially support an aggravated assault allegation when the resulting injuries satisfy the requirements of section 268.
This is one reason serious assault cases can become complicated. An altercation lasting only seconds can produce consequences that neither person anticipated before the confrontation began.
Is Aggravated Assault Always Committed Using a Weapon?
No.
Although a weapon can be involved in an aggravated assault, one is not required.
Punching, kicking, choking, or using other forms of physical force can potentially result in an aggravated assault charge when the consequences satisfy the requirements of section 268.
This is why aggravated assault should not be confused with assault with a weapon.
Assault with a weapon under section 267 focuses in part on the use, carrying, or threatened use of a weapon or imitation during an assault. Aggravated assault under section 268 focuses on whether the assault wounded, maimed, disfigured, or endangered the life of the complainant.
Depending on what occurred, an incident involving a weapon and serious injuries can raise several legal issues.
Could I Face More Than One Assault Charge?
Depending on the circumstances, police may lay charges that reflect different aspects of an alleged assault.
For example, an incident involving a weapon that causes extremely serious injuries may raise issues under section 267 as well as section 268 of the Criminal Code.
However, the charges ultimately prosecuted and any convictions entered will depend on the facts of the case and the applicable legal principles.
Do I Need to Have Specifically Intended to Seriously Injure the Other Person?
Not necessarily.
The Crown does not necessarily have to establish that the accused specifically intended to cause the precise serious injury that resulted.
For example, someone may deliberately throw a punch during an altercation without intending for the other person to fall backwards, strike their head on the pavement, and suffer a life-threatening brain injury.
The fact that the resulting injury was unintended does not necessarily prevent an aggravated assault charge.
The mental element required for aggravated assault is a legal issue that must be assessed based on the circumstances and evidence in the particular case.
Can I Claim Self-Defence if the Other Person Was Seriously Hurt?
Yes. A person charged with assault causing bodily harm or aggravated assault may raise self-defence when the circumstances support it.
Canada’s general framework for self-defence is found in section 34 of the Criminal Code.
The fact that another person suffered serious injuries does not automatically prevent an accused from arguing that they acted in self-defence.
Factors that may become relevant include:
- Whether there were reasonable grounds to believe force or a threat of force was being used
- How immediate the perceived threat was
- Whether weapons were present
- Physical differences between the people involved
- The history between the parties
- The nature and proportionality of the response
Self-defence is highly dependent on the facts surrounding the confrontation.
For a closer look at this issue, read our article Can You Claim Self-Defence if You Hit Someone First?
What Medical Evidence Can Help Establish the Seriousness of the Assault?
Medical evidence can play an important role in determining the nature and extent of the injuries caused during an alleged assault.
Relevant evidence may include:
- Hospital and medical records
- Medical imaging
- Photographs of injuries
- Expert medical testimony
- Surveillance or cellphone video
- Witness testimony
- 911 call recordings
- Police body-camera footage
- Statements from the individuals involved
Medical records can help establish the nature of an injury, the treatment required, and whether there may be lasting consequences.
Video and witness evidence may help establish how the injuries occurred, how much force was used, and what happened immediately before and after the alleged assault.
The defence may therefore need to examine more than the injury itself. The circumstances that produced that injury can be just as important when assessing a serious assault allegation.
If you have been charged with aggravated assault or assault causing bodily harm, A. Dhillon Law can review the circumstances surrounding the allegation and explain the defence options that may be available.
A. Dhillon Law represents individuals facing assault and other criminal charges in Brampton and throughout Southern Ontario. Contact us today to schedule a free, no obligation, consultation.
