VIOLENT INFRACTIONS :

Crimes against the person are those that threaten a person's physical or psychological integrity.

Here are a few examples from the

ASSAULT

o Sections 265 et seq. of the Criminal Code

- Definition: The act of intentionally using force against another person without that person's consent.

o 5 types of assault :

- Common assault

· Slight violence towards a person, without necessarily causing visible injury.

· This definition can include spitting on someone, pushing someone or touching someone without their consent.

- Armed assault

· The act of using any object to cause an assault on someone.

· The definition of a "weapon" is very broad under the Criminal Code. A pencil, a plastic bottle, even a stroller are all weapons in the definition of this offence.

- Assault and battery

· Assault constituting bodily harm to the victim.

· According to the Criminal Code, injuries must be neither minor nor trivial in nature; they must affect the victim's health;

- Assault and strangulation

· Specific offence of choking, strangling or suffocating a person

- Aggravated assault

· This offence is the most severe.

· Assault must be of a nature to injure, disfigure, mutilate or endanger the life of the complainant.

THREAT ART 264.1 CRIMINAL CODE

o A threat includes transmitting to another person a threat to cause death or injury, or to damage that person's property.

o The onus is on the prosecution to prove beyond reasonable doubt that the person intended to transmit the threatening message to the complainant.

HARASSMENT ART 264 CRIMINAL CODE

o According to the Criminal Code, harassment is defined as acting towards a person knowing that he or she is being harassed, or not caring that he or she is being harassed.

o The complainant in turn develops a reasonable fear for his or her own safety or that of someone close to him or her.

SEXUAL OFFENCES

o SEXUAL ASSAULT

- Section 271 of the Criminal Code

- The accused must have intentionally touched another person of a sexual nature while knowing that he or she was not consenting or while being reckless or involuntarily blind.

- This is one of the criminal code offences with a minimum sentence: when the act is committed against a person under the age of 16, the minimum sentence is 1 year's imprisonment.

o SEXUAL CONTACTS

- Section 151 of the Criminal Code

- The accused must, for sexual purposes, touch directly or indirectly, with a part of his or her body or with an object, any part of the body of a person under 16 years of age.

- Consent cannot exist in this offence with the exception of two situations:

· If the complainant is 12 or 13 years old, and the accused is less than two years older AND is not in a position of authority or trust

· If the child is 14 or 15 years old and the accused is less than 5 years older AND is not in a position of authority or trust

o INCITEMENT TO SEXUAL CONTACT

- Article 152 Criminal Code

- The accused must, for sexual purposes, invite, engage or incite a child under the age of 16 to touch him, herself or a third party.

- Only the fact of communicating with the child for his purposes is enough to contribute to the commission of the offence.

- Consent cannot exist in this offence with the exception of two situations:

· If the complainant is 12 or 13 years old, and the accused is less than two years older AND is not in a position of authority or trust

· If the child is 14 or 15 years old and the accused is less than 5 years older AND is not in a position of authority or trust

canadian criminal code :

The consequences of being accused of a crime against the person can be serious for an individual. You need to be well supported in this ordeal, and tenaciously defended.


We advise you to contact our team of experienced lawyers to ensure you are fully protected.