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Assault is an offence under s. 265 of the Canadian Criminal Code. [50] There is a wide range of the types of assault that can occur. Generally, an assault occurs when a person directly or indirectly applies force intentionally to another person without their consent.
For example, types of assaults receive different classifications and laws in Canada and the U.S., making comparisons more difficult than homicides. At the time, the U.S. crime of aggravated assault could be compared to the sum of three Canadian crimes (aggravated assault, assault with a weapon, and attempted murder).
The Criminal Code, 1892, S.C. 1892, c. 29 July 1, 1893 Sponsored by Minister of Justice Sir John Sparrow David Thompson, it was based on the "Stephen Code", written by Sir James Fitzjames Stephen for a Royal Commission in England in 1879, and subsequently modified by Canadian jurist George Burbidge to address the Canadian context. Its ...
The first Canadian citizen ever charged with failing to disclose his HIV status to a sexual partner was Charles Ssenyonga, a Ugandan immigrant living in London, Ontario, who was charged with aggravated assault stemming from three sexual encounters in the late 1980s. However, Ssenyonga died in 1993 before a verdict was rendered in his case.
A person may be prosecuted criminally for any offences found in the Criminal Code or any other federal statute containing criminal offences. [1] In all Canadian provinces and territories, criminal prosecutions are brought in the name of the "King in Right of Canada". [citation needed] There are two basic types of offences.
Aggravated assault, for example, is usually differentiated from simple assault by the offender's intent (e.g., to murder or to rape), the extent of injury to the victim, or the use of a deadly weapon. An aggravating circumstance is a kind of attendant circumstance and the opposite of an extenuating or mitigating circumstance, which decreases guilt.
R v Hutchinson, 2014 SCC 19 is a decision of the Supreme Court of Canada on sexual assault and consent under the Criminal Code.The Court upheld the sexual assault conviction of a defendant in a condom sabotage case, holding that the complainant's consent to sexual activity with him had been vitiated by fraud when he poked holes in his condom.
The sections of the Canadian criminal code that deal with self-defense or defense of property are sections 34 and 35, [4] respectively. These sections were updated in 2012 to clarify the code, and to help legal professionals apply the law in accordance with the values Canadians hold to be acceptable.