Criminal Code of Canada - section 267 - Assault with a weapon or causing bodily harm

section 267

INTRODUCTION AND BRIEF DESCRIPTION

Assault with a weapon or causing bodily harm is an indictable offense punishable by a maximum of 10 years imprisonment.

SECTION WORDING

267 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.

EXPLANATION

Section 267 of the Criminal Code of Canada is concerned with the criminal offence of assault. This section defines assault as any intentional act by a person that causes another individual to feel threatened or fearful of immediate bodily harm without their consent. The severity of the crime is determined based on whether the assault is committed with a weapon or the extent of bodily harm caused. According to the provisions of this section, if a person commits an assault and carries, uses or threatens to use a weapon or an imitation of a weapon, they are guilty of an indictable offence and can face imprisonment for up to ten years. This means that the accused will face a more serious punishment for using a weapon or replica than if the assault was committed without any weapon. If the complainant experiences bodily harm due to the assault, the accused can be charged with an indictable offence and face up to ten years in prison. However, if the offence is punishable on summary conviction, the accused can be sentenced for up to eighteen months. The reason this section of the Criminal Code of Canada is crucial to the legal system in Canada is that it serves as a deterrent for individuals from committing acts of violence. The potential punishments outlined in the section serve to dissuade people from carrying and using weapons or causing bodily harm to other individuals during an assault. The law also provides a means of accountability for criminal acts committed, protecting potential victims and ensuring public safety.

COMMENTARY

Section 267 of the Canadian Criminal Code is a statutory law that deals with assaults that include the use of weapons or causing bodily harm. Essentially, this section makes it clear that an individual who commits an assault while using a weapon or causing significant bodily harm will face serious consequences and potentially serve a prison term of up to 10 years. When it comes to the use of weapons, this section defines it broadly as not just the use of a gun or knife but also the use of anything that could be considered an "imitation" of a weapon. This means that using a toy gun or even pointing a pencil or stick as if it were a weapon could constitute this type of assault under the law. The use of an imitation weapon is enough to qualify as a criminal offense, as it still involves the threat of violence. Additionally, causing significant bodily harm is a key factor in determining if the assault is considered a more serious criminal offense. The term "bodily harm" refers to any harm that affects a person's health and well-being, from cuts and bruises to long-term damage such as broken bones or a concussion. Therefore, if an assault results in such damage, it will be considered a more serious offense. This provision in the Criminal Code aligns with the principle that society should prohibit the intentional infliction of harm on others. The fact that the offense is punishable on an indictable level as well as a summary conviction signifies the severity of this type of assault. An indictable offense is the most serious type of offense under Canadian law, and it carries a punishment of up to 10 years in prison. However, it is up to the prosecutor to decide whether to proceed with an indictable or summary conviction. Summary conviction carries a maximum prison sentence of eighteen months, and the penalty will depend on the severity of the assault. Interestingly, this section does not require that an offender specifically intended to use the weapon to cause harm. Simply carrying or using a weapon alongside the assault could make it a more serious offense, indicating that the individual was prepared to use force if necessary. This provision ensures that the law recognizes the impact of a weapon during an assault, regardless of whether the offender had a specific intention to cause harm. Overall, Section 267 of the Criminal Code of Canada is a crucial piece of legislation intended to protect Canadians from violent and dangerous assault. It provides clarity and informs citizens of the consequences they might face if they chose to use weapons or cause violent bodily harm during an assault. The law ensures that offenders who use weapons or cause significant harm will have to face the consequences of their actions, thereby supporting the deterrence of such behavior while protecting the public.

STRATEGY

Strategic Considerations When Dealing with Section 267 of the Criminal Code of Canada Section 267 of the Criminal Code of Canada is a core provision in Canada's criminal law that deals with assault with a weapon or causing bodily harm. The section encapsulates the gravity of violence and aggression against other people, and it's a crucial tool in the prosecution of violent offenders. Like every legal provision, there are strategic considerations to be made when dealing with section 267. The following are some of the key strategic considerations when dealing with section 267 of the Criminal Code of Canada. Elements of the Offence The first strategic consideration when dealing with section 267 is to have a clear understanding of the elements of the offence. The section has two parts, and the Crown must prove beyond a reasonable doubt that the accused committed an assault and either: a) carried, used, or threatened to use a weapon or an imitation thereof, or b) caused bodily harm to the complainant. Therefore, to succeed on a charge under Section 267, the Crown must establish all the elements of the offence beyond a reasonable doubt, and it's crucial to consider each element in detail and gather sufficient evidence to prove each of them. Choice of Charges Another strategic consideration when dealing with Section 267 is the choice of charges. Depending on the specific facts of the case, the Crown has the discretion to proceed with either an indictable offence, which carries a maximum 10-year sentence, or an offence punishable on summary conviction, which carries a maximum sentence of 18 months. Factors that may influence the Crown's decision include the strength of the evidence, aggravating factors, and whether the accused is a repeat offender. Therefore, it's essential to gather comprehensive evidence to ensure that the Crown can make an informed decision on the choice of charges. Evidence Gathering The gathering of evidence is one of the most crucial strategic considerations when dealing with Section 267. The Crown must establish all elements of the offence beyond a reasonable doubt, and they must have the necessary evidence to succeed in their case. This evidence may include witness statements, medical reports, photographs of injuries, and so on. Therefore, it's crucial to gather comprehensive evidence early in the investigation and ensure that sufficient evidence exists to prove both the assault and either the use of a weapon, or the causing of bodily harm or both. Sentencing The final strategic consideration when dealing with Section 267 is sentencing. Suppose the Crown successfully prosecutes the accused for a conviction under Section 267, in that case, the sentencing considerations may include factors such as whether the accused has a prior criminal record, if the offence was committed in the context of domestic violence, and so on. These factors can significantly affect the length of the sentence and the conditions of probation or parole. Therefore, it's essential to consider the relevant provisions of the Criminal Code and the principles of sentencing when dealing with Section 267. Employable Strategies when Dealing with Section 267 of the Criminal Code of Canada Effective strategies can significantly influence the outcome of a criminal trial or proceeding under Section 267. The following are some of the strategies that could be employed when dealing with Section 267: 1. Investigative Strategy An effective investigative strategy is essential to gather the necessary evidence to establish the elements of the offence successfully. This strategy may include the hiring of a private investigator to gather video footage or other supportive evidence. 2. Plea Bargaining Plea bargaining may be appropriate in certain cases to resolve the case without the need for a full trial. In exchange for a guilty plea, the accused may receive a reduced sentence or have certain charges withdrawn. 3. Expert Witnesses Expert witnesses can be crucial in cases where the injury is the primary evidence. Such witnesses may include medical doctors, psychologists, or forensic experts, who can testify to the severity of the injury and the causation of the injury. 4. Mitigating Factors Finally, mitigating factors such as remorse, a good record of rehabilitation, and other factors may be presented to the court to influence the sentence's length and conditions. In conclusion, Section 267 of the Criminal Code of Canada is a critical provision in Canada's criminal law, and dealing with it requires careful consideration of the evidence, choice of charges, and the principles of sentencing. Employing effective investigative and in-court strategies can significantly influence the outcome of a trial. Therefore, those involved in such cases must carefully consider the relevant strategies and make informed decisions.