Canadian Criminal Law/Offences/Assault Peace Officer

Assault Peace Officer
s. 270 of the Crim. Code
Election / Plea
Crown Election Hybrid
Jurisdiction Prov. Court
SC Judge + PI (I)
SC Jury + PI (I) (536(2))
Summary Dispositions
Maximum 6 months jail or $5,000 fine
Indictable Dispositions
Avail. Disp. same as summary
Maximum 5 years jail
References
Offence Elements
Sentence Principles
Sentence Digests

LegislationEdit

Assaulting a peace officer
270. (1) Every one commits an offence who

(a) assaults a public officer or peace officer engaged in the execution of his duty or a person acting in aid of such an officer;
(b) assaults a person with intent to resist or prevent the lawful arrest or detention of himself or another person; or
(c) assaults a person
(i) who is engaged in the lawful execution of a process against lands or goods or in making a lawful distress or seizure, or
(ii) with intent to rescue anything taken under lawful process, distress or seizure.

CCC

Proof of OffenceEdit

  1. identity of accused
  2. date and time of incident
  3. jurisdiction (incl. region and province)
  4. the accused assaulted the victim
  5. the victim was a Peace Officer
  6. the accused knew the victim was a Peace Officer
  7. sobriety of the accused (if applicable)

InterpretationEdit

Common DefencesEdit

See AlsoEdit

Last modified on 15 October 2012, at 02:12