When someone is charged with an offence, many immediately wonder what the sentence may be. In Canada, the legal framework for sentencing is complex and nuanced. This means it’s hard to estimate the sentence, especially without the facts.
That’s why here, as well as looking at the minimum sentencing, we’ll also give you many more pieces of valuable information. By the end, you should have a much clearer idea of what the sentence for assault causing bodily harm may be.
Definition of Assault Causing Bodily Harm
The definition of assault causing bodily harm is defined under section 267(b) of the Criminal Code of Canada. This offence occurs when an assault is committed and in the act of that assault, has caused bodily harm to the victim.
That bodily harm is interpreted as any hurt or injury to a person that interferes with their health or comfort and is more than merely transient or trifling in nature. This means that a significant injury has been caused but not one that “wounds, maims, disfigures or endangers the life” of the victim, as then the charge would be aggravated assault.
Related Article: https://www.agpllp.ca/what-is-aggravated-assault/
The Minimum Sentence for Assault Causing Bodily Harm in Canada
When focusing on sentencing, we often consider the maximum sentence a charge can have. The concept of minimum sentences is less common and that is true of assault causing bodily harm. For this crime, there is no minimum sentence.
This means that in these cases, judges have significant discretion in determining the appropriate punishment. The sentence will vary depending on a wide range of factors that we will soon discuss. It also means estimating a sentence without knowing the facts is difficult.
The maximum sentence for this offence is 10 years if it is counted as an indictable offence. However, as with many offences, the actual sentence given is usually far below this maximum and potentially may not result in a custodial sentence at all.
For first-time offenders with mitigating factors, probation, fines, and conditional sentences may be given. A short custodial sentence is still a strong possibility. A case with several aggravating factors is likely to result in a longer custodial sentence with several years in prison.
Related Article: https://www.agpllp.ca/the-different-types-of-criminal-charges-in-ottawa/
Aggravating Factors for Assault Causing Bodily Harm
We spoke there about the importance of aggravating factors when determining the sentence for assault causing bodily harm. Let’s take a look at what those aggravating factors are.
Use of a Weapon – This is a significant aggravating factor. A weapon increases the potential for harm and can show an element of premeditation. This includes improvised weapons such as a barstool, bottle, or keys.
Severity of Injury – The definition of this type of assault can be vague. At the minor end of the scale, you can have contusions, small cuts, and abrasions. More severe injuries can include multiple fractures, concussions, and significant soft tissue injuries.
Premeditation – If there was an intention to hurt the victim, this would be more serious. If it was a spontaneous act, then a lighter sentence would be more likely.
Vulnerability of the Victim – If the victim had a vulnerability such as being a child, elderly, or disabled, this would be an aggravating factor. This is especially true if they could not defend themselves or there was a breach of trust.
Multiple Assailants – If multiple people were involved in the assault, the potential for harm would be seen as much greater.
Offender History – The criminal record of the offender will be taken into account. This is especially true if this wasn’t a first-time assault or there is a pattern of violent behaviour.
Motivation – If the assault is deemed as a hate crime, it will be an aggravating factor. Examples include assault based on race, gender, sexual orientation or any other protected characteristic.
Impact on the Victim – The impact on the victim will also be considered. If the assault caused them significant mental harm, the case will be more serious.
Public Place – Committing an assault in a public place will be seen as worse. This is because there was potential for harm to others.
Mitigating Factors for Assault Causing Bodily Harm
On the other end of the scale, we have mitigating circumstances that can lead to a lesser sentence. Let’s look at what they are.
First-Time Offense – Having no criminal record shows no history of violence and a lower chance of reoffending.
Guilty Plea and Remorse – A guilty plea and/or showing remorse can have a positive influence on sentencing.
Rehabilitation Efforts – If the offender has already taken steps towards rehabilitation, such as anger management or substance abuse treatment, this will be taken in a good light.
Provocation – If the offender received significant provocation, it can be seen as a mitigating factor.
Personal Circumstances – If your circumstances affected your actions, such as a mental health crisis or protecting your family, that will be considered.
Other Sentencing Factors
There are a few other factors that will be taken into account such as the circumstances around the incident, the victim’s conduct, and the relationship between everyone involved. The impact on the community can also be considered.
There will be legal and procedural factors too, such as if there was any violation of the offender’s rights. The judge will also factor in pre-sentence reports, victim impact statements, and crown/defence submissions. The judge will then determine the sentence using their discretion.
Final Thoughts
As we can see, there are a wide range of factors that go into the sentence for assault causing bodily harm. While the maximum sentence for this crime is 10 years imprisonment, there is no minimum sentence.
The flexibility in sentencing allows for each case to be taken on its merit. Hopefully, by reading the above, you’ll have a clearer idea of which end of the scale the case you’re interested in will be. If you or someone you know is facing an assault charge, then contact AGP LLP today. We’ll guide you through the case and fight your corner.
