Assault charges in Saskatchewan — Was there any intent?
By: Linh Pham, LL.B (hons), Criminal Defence Attorney
Merchant Law Group LLP, Regina, Saskatchewan
What is an assault?
In short, an assault is any unlawful touching of another person with an intent to apply force. Unlawful touching, can be made lawful where there is consent, or where a defence exists.
Spousal or domestic assault is a very common charge, but this does not mean it is not serious — — you could end up with a CRIMINAL RECORD.
If you are charged with assault or another offence under the Criminal Code, it is very important that you consider consulting a lawyer.
Your rights may affected and it is necessary for you to have an experienced and competent Criminal Defence Lawyer to provide you with legal advice and protect your legal rights.
What are the different types of assault charges?
The different types of assault charges are:
s.265 — common assault: The least serious of the assault offences under the Criminal Code of Canada. An example of a common assault would be someone getting pushed; or someone making a threat with hand gestures, causing another person to reasonably believe they will act on their threat.
s. 267 — assault with a weapon or causing bodily harm: The same as common assault, however there must be “bodily harm”, which has been interpreted by Canadian courts to mean any hurt or injury to a person that interferes with the health or comfort of the person and that is more than merely transient or trifling in nature. An example of assault causing bodily harm would be someone punching another person in the head, and giving them a black eye.
s. 268 — aggravated assault: The most serious of the assault offences. In order for an assault to fall within this category, the victim must be wounded, maimed, disfigured, or had their life endangered. If you are you looking for more regarding Fort Qu’Appelle criminal lawyer look into the page.
An example of an aggravated assault would be someone getting stomped and their legs broken.
What must the Crown prove?
In order for the Crown to convict you for a common assault, they must establish beyond a reasonable doubt:
1. Identity — that you were the person that committed the assault
2. Date and time of incident
3. Jurisdiction (incl. region and province)
4. That you applied force on the victim
5. That you intended to apply force and it was not by reflex or carelessly
How do we beat an assault charge?
First and foremost, in order to fight an assault charge, you should consult a qualified and competent lawyer to review your disclosure. There may be Charter issues. There may be other substantive defences that could be raised.
For example — was the alleged assault, an accident? Or was it a reflex? If this is the case, there is no mens rea, and therefore you cannot be convicted of assault.
Was there consent? Did both parties agree to a fight? If both parties agreed to a fight, then this may be a defence.
Were you acting in self-defence? Did the victim assault you first? If this is the case. We might be able to beat your charges.
If you have been charged with assault or another criminal offence, your rights may affected and it is necessary for you to have an experienced and competent Criminal Defence Lawyer to provide you with legal advice and protect your legal rights.
Linh Pham regularly make appearances in Regina Criminal Defence regularly makes court appearances at the following cities and towns:
Assiniboia, Broadview, Canora, Carlyle, Esterhazy, Estevan, Indian Head, La Ronge, Lloydminster, Fort Qu’Appelle, Melfort, Moose Jaw, Moosomin, Nipawin, North Battleford, Prince Albert, Punnichy, Weyburn, Saskatoon, Swift Current, Wynyard, and Yorkton.
The information provided on this page is for education purposes only and is not intended to be relied upon as legal advice.
If you need legal advice, contact a lawyer like Linh Pham. Call: 306–502–5987