Assault & Related Charges

Excerpts from The Criminal Code

Section 265: Assault: (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 a gesture, to apply force to another person, if he has, or causes that other person to believe on 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

Section 267: Assault with a weapon: (1) Everyone who, in committing an assault,

a) Carries, uses, or threatens to use a weapon or an imitation thereof,

Is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years or an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.

(2)“Weapon” means anything used, designed to be used or intended for use:

a) In causing death or injury to any person; or

b) For the purpose of threatening or intimidating any person

And, without restricting the generality of the foregoing, includes a firearm.

Section 268: Aggravated assault: (1) every one commits an aggravated assault who wounds, maims, disfigures or endangers the life of the complainant.

Section 264: Uttering Threats: (1) every one commits an offence who, in any manner, knowingly utters, conveys, or causes any person to receive a threat:

a) To cause death or bodily harm to any person;

b) To burn, destroy or damage real or personal property; or

c) To kill, poison or injure an animal or bird that is the property of any person.

Section 264: Criminal Harassment: (1) No person shall, without lawful authority and knowing that another person is harassed or recklessly as to whether to other person is harassed, engage in conduct referred to in subsection (2) that causes that other person reasonably, in all the circumstances, to fear for their own safety or the safety of anyone known to them.

The conduct mentioned in subsection (1) consists of

(a) repeatedly following from place to place the other person or anyone known to them;

(b) repeatedly communicating with, either directly or indirectly, the other person or anyone known to them;

(c) besetting or watching the dwelling-house, or place where the other person, or anyone known to them, resides, works, carries on business or happens to be; or

(d) engaging in threatening conduct directed at the other person or any member of their family.

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