Assault with a Weapon or Causing Bodily Harm

Vancouver Criminal Lawyer Alex Ejsmont defends Assault with a Weapon or Causing Bodily Harm charges under Section 267 of the Criminal Code of Canada.  These charges are commonly laid in both domestic and non-domestic situations and the consequences of conviction for this offence can be significant.  We have successfully represented clients facing Assault with a Weapon or Causing Bodily Harm and related charges in a number of situations, including those dealing with domestic violence, youths, and disputes between strangers.  Our criminal defence firm offers free consultations for clients with charges in British Columbia.

What are some recent Assault with a Weapon cases you’ve defended?

R. v. M.L. [2017] – Client is charged with Assault With a Weapon relating to incident during a family law hearing. Client allegedly threw weapon at sitting judge in court. Allegations also include serious threats against members of the justice system. Our office refers client for multiple assessments where significant medical issues are uncovered. Following extensive negotiations with the Crown and a year of following a treatment plan, all charges are dropped. –  CHARGES WITHDRAWN and NO CRIMINAL RECORD

R. v. R.R. and G.R. [2015] – Clients are charged with Robbery and Assault With a Weapon following allegations that they entered a home and removed thousands of dollars of electronics by force. Significant issues with the credibility of the complainant are brought to the Crown's attention during negotiations. The Crown is made aware of potential immigration consequences including deportation.  On the eve of trial, an agreement is reached where clients sign peace bond and all charges are dropped. –  CHARGES WITHDRAWN and NO CRIMINAL RECORD

R. v. M.M. [2013] – Client, a female non-citizen, was charged with Uttering Death Threats, Assault, Domestic AssaultAssault with a Weapon, and Mischief Over $5000 following allegations of various incidents with boyfriends's family members, including damaging a home, attack with a knife, and threatening to burn down house.  Serious allegations (with possible jail and immigration consequences) required trial.  After 2 day cross-examination of main Crown witness, client fount not guilty of all charges.– NOT GUILTY OF ALL CHARGES

R. v. A.E. [2013] – Client, a female Permanent Resident, was charged with Domestic Assault, Weapons Dangerous, and Assault with a Weapon following incident with partner over infidelity.  Serious allegations and possible immigration consequences emphasized during negotiation stage.  Client completes significant 16 week anger management private course and enters into Peace Bond – CHARGES WITHDRAWN and NO CRIMINAL RECORD

R. v. K.I. [2009] – Client charged with Domestic related Assault with a Weapon involving a knife after restraining spouse who had attacked him with the weapon – successfully argued acting in self-defence – CHARGES WITHDRAWN AND NO CRIMINAL RECORD

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What are some recent Assault Causing Bodily Harm cases you’ve defended?

R. v. A.I. [2016]- Client, a young adult out on the town with friends, is charged with Assault Bodily Harm following altercation with victim outside of a bar. Victim requires significant medical after-care. Crown prosecutor insists on a criminal record. Client completes rehabilitation plan through office and judge agrees with our submissions that client should be discharged with no criminal record - CONDITIONAL DISCHARGE and NO CRIMINAL RECORD

R. v. W.H. [2015] – Client, a professional academic, is charged with Assault Bodily Harm following a dispute with a stranger in a parking lot.  Crown alleges serious injuries requiring medical attention sustained by complainant.  Following six month negotiation period, all charges are dropped against my client. –  CHARGES WITHDRAWN and NO CRIMINAL RECORD

R. v. D.J. [2015] – Client, a recent arrival to Canada, charged with a half-dozen related offences including Domestic Assault, Uttering Threats, and Assault Bodily Harm in Lower Mainland.  Ex-wife alleges serious pattern of abuse including allegations of choking and sustained injuries dating back a number of years. Crown proceeds by incident and originally discusses 18-24 month jail term.  Following 12 month negotiation and rehabilitative plan, the judge accepts a joint recommendation for probation with no-jail time –  SUSPENDED SENTENCE and NO JAIL

R. v. I.H. [2014] – Client, an executive, charged with alcohol-related Assault Bodily Harm in Lower Mainland incident after passersby witness two men in an altercation and report incident to police.  Significant issues with eyewitness descriptions and circumstances are pointed out to Crown Counsel during 3 month pre-trial negotiation stage –  ALL CHARGES WITHDRAWN and NO CRIMINAL RECORD

R. v. S.D. [2012] - Client, a youth, was charged under the YCJA with Assault Causing Bodily Harm following incident where police allege that client attacked another male. Police alleged there was a dispute over an ex-girlfriend, and that Client’s attack result in significant injuries requiring medical attention. Following a year of resolution discussions with the Crown, the officer-in-charge, and numerous judicial pre-trials, the Crown refused to budge on their position of a probationary period. Following extensive submissions, the judge agreed with defense and imposed a JUDICIAL REPRIMAND AND NO CRIMINAL RECORD.

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What is the maximum possible sentence for Assault with a Weapon or Causing Bodily Harm in British Columbia?

Under the Criminal Code of Canada: Every one who, in committing an assault, (a) carries, uses or threatens to use a weapon or an imitation thereof, or (b) causes bodily harm to the complainant, 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.

What is a “Weapon” in Canada?

The definition of Assault with a Weapon is so broad that it does not require the specific use of any weapon or object.  If the prosecutor can show that an object in the accused’s possession was carried or held by the accused in a threatening way, the charge may be proven.

What is “Bodily Harm” in Canada?

Assault Bodily Harm requires the prosecutor establish that some degree of physical harm occurred to the victim that is more than trivial in nature.The injuries do not need to be significant, nor is the need for medical attention a prerequisite to the charge.